What are the requirements for determining that the registration and use of an Internet domain name constitutes infringement?

The value of Internet Domain names has been valued by many people and enterprises. Domain names are exclusive. An easy-to-remember domain name has a lot of economic value, so many people are squatting in domain name registration. There are many people who are squatting in domain names. It is an infringement, so what are the requirements for determining that the registration and use of an Internet domain name constitutes infringement? The editor of Legal Savior Network will answer the questions for readers below.

What are the requirements for determining that the registration and use of Internet domain names constitutes infringement

People When a court hears a domain name dispute case, if the following conditions are met, the court shall determine that the defendant's registration and use of the domain name constitutes infringement or unfair competition:

1. Plaintiff The civil rights and interests requested for protection are legal and valid;

2. The defendant’s domain name or its main part constitutes a copy, imitation, translation or transliteration of the plaintiff’s well-known trademark; or it is inconsistent with the plaintiff’s well-known trademark The registered trademark, domain name, etc. are identical or similar enough to cause misunderstanding among the relevant public;

3. The defendant has no rights and interests in the domain name or its main part, nor does it have any rights or interests in the domain name or its main part. There is no legitimate reason to register or use the domain name;

4. The defendant registered and used the domain name with bad faith.

Situations in which domain name disputes may be complained of infringement

Any person or organization can complain to the dispute resolution agency when it believes that a domain name registered by others conflicts with its legitimate rights and interests. These conflicts generally include:

1. The domain name complained of is the same as the name or logo in which the complainant has civil rights or is similar enough to cause confusion;

2. The complained domain name holder does not have any legitimate rights and interests in the domain name or its main part;

3. The domain name holder complained of has malicious intent in registering or using the domain name. Generally include the following situations:

1) The respondent registered or transferred the domain name for the purpose of selling, leasing or otherwise transferring the domain name to the complainant or its competitors in order to obtain improper benefits;

2) The respondent has repeatedly registered names or logos in which others have legitimate rights and interests as its own domain names, in order to prevent others from using the names or logos in which it has legitimate rights and interests on the Internet in the form of domain names. or logo;

3) The domain name is registered or transferred for the purpose of damaging the complainant's reputation, disrupting the complainant's normal business activities, or confusing the complainant. differences, misleading the public.

Relevant legal provisions

Article 5, Paragraph 1 of the "China Internet Network Information Center Domain Name Dispute Resolution Measures" Any organization or individual that believes that a domain name registered by others conflicts with the legitimate rights and interests of the organization or individual may file a complaint with the dispute resolution agency.

Article 8 If the following conditions are met, the complaint shall be supported:

(1) The domain name complained of is the same as the name or logo in which the complainant has civil rights, or is similar enough to cause confusion;

(2) The domain name complained of is held by No one has legitimate rights and interests in the domain name or its main part;

(3) The domain name holder complained of has malicious intent in registering or using the domain name.

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If the domain name holder complained of in Article 9 has any of the following circumstances, his behavior constitutes malicious registration or use of the domain name:

(1) The purpose of registering or transferring the domain name is to sell, lease or otherwise transfer the domain name to the complainant who is the owner of the civil rights or its competitors in order to obtain improper benefits;

(2) Repeatedly registering the name or logo in which others have legitimate rights and interests as one's own domain name, in order to prevent others from using the name or logo in which they have legitimate rights and interests on the Internet in the form of a domain name The name or logo of legitimate rights and interests;

(3) The domain name is registered or transferred for the purpose of damaging the complainant’s reputation, disrupting the complainant’s normal business activities, or confusing between the complainantdifferences, misleading the public;

(4) Other malicious circumstances.

The above is the editor's answer to the question "Essentials for determining that the registration and use of an Internet domain name constitutes infringement." The requirements for determining that the registration and use of an Internet domain name constitutes infringement include the plaintiff. The civil rights and interests requested to be protected are legal and valid, and the defendant’s domain name or its main part constitutes a copy or imitation of the plaintiff’s well-known trademark. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.