Is using someone else’s domain name considered infringement?

The Internet is developing rapidly. We use the Internet everywhere. As long as you meet the conditions and engage in legal activities, each of us can register a domain name and then use it. So does using someone else’s domain name count as infringement? Below, the editor of Legal Savior Network will answer the questions for readers. I hope the following knowledge will be helpful to readers.

Is using someone else’s domain name considered infringement?

According to the relevant laws and regulations of our country, Using someone else's domain name is considered infringement and may constitute infringement or unfair competition.

Based on Article 4 of the "Interpretations 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"

When hearing a domain name dispute case, the people's court shall determine that the defendant's registration and use of the domain name 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 its main part constitutes an infringement of the plaintiff’s well-known trademark Copy, imitate, translate or transliterate; or be identical or similar to the plaintiff’s registered trademark, domain name, etc., enough to cause misunderstanding by the relevant public;

(3) Defendant The defendant has no rights and interests in the domain name or its main part, and has no legitimate reasons to register or use the domain name;

(4) The defendant’s registration and use of the domain name Malicious.

Measures for handling cases of infringement

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Based on Article 8 of the "Interpretations 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"

If the people's court determines that the registration and use of a domain name constitutes infringement or unfair competition, it may order the defendant to stop the infringement and cancel the domain name, or order the plaintiff to register and use the domain name at the plaintiff's request. ;If actual damage is caused to the right holder, the defendant may be ordered to compensate for the loss.

The above are the editor’s answers to relevant legal issues. After successfully registering a domain name, it means that it is protected by law. If you find that others are using your domain name or If your domain name constitutes infringement or unfair competition, you can also pursue the legal liability of the other party. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.