1. Which court has jurisdiction over the first instance of domain name squatting
According to the relevant laws of our country, any dispute arising from domain name squatting is an infringement case, and the basic people's court in the place where the infringement occurred is responsible for hearing the case.
"Civil Procedure Law of the People's Republic of China"
Article 17: Basic People’s Courts have jurisdiction over first-instance civil cases, but this Law provides otherwise Except.
Article 28 Jurisdiction over infringement litigation
A lawsuit filed due to an infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or the place where the defendant is domiciled.
Two , Typical behavior of domain name squatting
1. Registering a domain name with others to enjoy a high reputation in the market and to the public A well-known registered trademark (with legal exclusive rights to trademarks) is identical or similar (the main part of the domain name is similar enough to cause misunderstanding by the relevant public), causing confusion among users, infringing on trademark rights, and constituting unfair competition.Behavior.
2. The registered domain name uses someone else’s well-known trademark (the court made great efforts to publicize and promote its unique business methods and services during the trial. (conducted for the purpose of well-known recognition of a trademark that is known to the public), infringes upon the exclusive right to use a trademark, objectively uses the good business reputation attached to the well-known trademark to seek benefits for oneself, and hinders others from exercising their rights on the Internet. Based on different subjective intentions, there are two typical unfair competition behaviors:
(1) Subjectively, the purpose is to exclude competitors. Purpose: The purpose of registering a domain name and using someone else's well-known trademark is to take advantage of someone else's goodwill, counterfeit (counterfeit) someone else's trademark, use the unique name of a well-known product without authorization, or use a name similar to a well-known product to cause confusion and lead people to mistakenly think it is someone else's. goods, constituting unfair competition;
(2) Subjectively based on the business purpose of selling for a price, registered without legitimate reasons, and There is no actual use after registration, but only preemptive registration to intentionally prevent others from normal registration of domain names to make profits, which violates the basic principle of good faith and constitutes unfair competition.
3. Use other people’s business names, trade names, and names to register domain names without authorization, which is enough to cause others to misunderstand the registered domain name. The domain name neither enjoys legitimate rights nor is transferred at a high price, causing confusion, infringing on the name rights of others, and constituting unfair competition.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, disputes arising from domain name squatting are , it is an infringement case, and the basic people's court in the place where the infringement occurred is responsible for hearing the case. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.