What are the principles to follow to resolve conflicts between domain names and trademarks?

A Domain name, also known as a network domain, is the name of a computer or computer group on the Internet consisting of a string of names separated by dots. It is used to locate the computer during data transmission (sometimes also refers to the geographical location). So what are the principles to follow to resolve conflicts between domain names and trademarks? Please follow the editor of Legal Savior Network to learn more below.

What are the principles to follow to resolve conflicts between domain names and trademarks

1. In accordance with international regulations, domain names and trademarks cannot exist The extended extension between the two.

The relevant rights of the trademark shall be possessed by the trademark owner and Use, the relevant rights of the domain name are owned and used by the domain name registrant. Two completely different fields, two completely different rules. The themes marked by the two logos are different, and naturally the system applicable to one logo cannot be applied to the other logo.

Just because you are the trademark owner does not necessarily mean you should Extend your rights to domain name rights and vice versa. As for trademarks, we cannot completely overthrow the existing system just because of the rise of the Internet, nor can we deny the rationality and operability of the overall trademark registration management mechanism.

2. Distinguish between "malicious" and "non-malicious" ” boundaries and consciously abide by the principle of good faith.

As beforeAs mentioned above, the distinction between "malicious" and "non-malicious" should be made with caution and comprehensive consideration of the legitimate rights and interests of trademark registrants and domain name registrants. Only by properly grasping the essence of "the conflict between a later registered domain name and an earlier registered trademark" and "the conflict between a later registered trademark and an earlier registered domain name" can the conflict be properly handled.

3. Establish the principle of civil liability.

In this regard, we start from "registering a domain name after and registering a domain name after Let’s talk about the issue of liability from the perspective of “conflict of registering a trademark first”. If the domain name registrant uses this website to infringe the rights and interests of the trademark owner, he shall bear corresponding responsibilities.

4. Well-known trademark exception principle

In the traditional trademark systemIn this regard, there is a special system, the well-known trademark protection system, which is more powerful than the protection of ordinary trademarks. For well-known trademarks, it is required that the trademark cannot be used on any goods or services that may cause "misunderstanding". In view of this situation, it seems that the protection of well-known trademarks can be extended to the field of domain names.

"Supreme People's Court's Notice on Trials Involving Computer Networks"Interpretation of Several Issues Applicable Law in Domain Name Civil Dispute Cases"

Article 8 If the people's court determines that the registration or 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 request of the plaintiff; causing actual damage to the right holder Yes, the defendant may be ordered to compensate for losses.

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