Is it an infringement to register someone else’s trademark as a domain name
is an infringement. constitute infringement or unfair competition.
"Supreme People's Court's Notice on Trials Involving Computer Network Domain Names" Interpretation of Several Issues on the Application of Law in Civil Dispute Cases" Article 4
The People's Court hearing domain name dispute cases shall determine that the defendant's registration and use of domain names constitutes infringement or unfair competition if the following conditions are met:
(1) The civil rights and interests requested by the plaintiff to be protected are legal and valid;
(2) The defendant’s domain name or a major part thereof constitutes a copy, imitation, translation or transliteration of the plaintiff’s well-known trademark; or Identical or similar to the plaintiff’s registered trademark, domain name, etc., enough to cause misunderstanding among the relevant public;
(3) The defendant has no interest in the domain name or its main part, and has no legitimate reason to register or use the domain name; (4) The defendant registered and used the domain name with malicious intent.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names" Article 5: If the defendant's behavior is proven to be in any of the following circumstances, the People's Court shall determine that it was malicious:
(1) Registering others’ well-known trademarks as domain names for commercial purposes ;
(2) Registration for commercial purposes, Using a domain name that is the same as or similar to the plaintiff’s registered trademark, domain name, etc., intentionally causing confusion with the products and services provided by the plaintiff or the plaintiff’s website, and misleading Internet users to access its website or other online sites;
(3) There has been an offer to sell, rent or otherwise transfer the domain name at a high price to obtain an unauthorized Legitimate interests;
(4) After registering a domain name Those who do not use or intend to use it themselves, but intentionally prevent the right holder from registering the domain name;
(5) There are other malicious circumstances. The defendant provides evidence to prove that the domain name it holds has gained a certain degree of popularity before the dispute occurred, and can be distinguished from the plaintiff's registered trademark, domain name, etc., or have itsIf other circumstances are sufficient to prove that the defendant does not have malicious intent, the people's court may not determine that the defendant has malicious intent.
Others’ things belong to others, we should not take it lightly Go and touch it, otherwise it will definitely cause dissatisfaction from others. If the circumstances are serious, you will be held criminally responsible. Each of us has the right to protect our own rights and interests. If others infringe on our rights and interests, we can protect ourselves through the law. Legal Savior Network also provides online lawyer consultation services, and you are welcome to make legal consultations.
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