Can trademark and domain name disputes be mediated
According to the relevant laws of our country, trademark rights and domain name rights Disputes can be resolved through mediation. When filing a lawsuit with the People's Court, if both parties agree to mediate, the People's Court will mediate.
"Civil Procedure Law of the People's Republic of China" span>
Article 93 Principles of Mediation
When hearing civil cases, the People's Court shall based on the principle of voluntariness of the parties and the facts. On a clear basis, distinguish right from wrong and mediate.
Article 94 Mediation Organizational Form
span>The people's court conducts mediation, and the judge canIt can be presided over by one person or by a collegial panel, and it can be conducted locally as much as possible. When the People's Court conducts mediation, it can notify the parties and witnesses to appear in court in a simple way.
Article 95 Assistance in Mediation
The People's Court conducts mediation and can invite relevant units and individuals to assist. The invited units and individuals shall assist the People's Court in conducting mediation.
Manifestations of conflicts between domain name rights and trademark rights
1. The domain name must be registered first. It means that after the domain name owner registers the domain name, the trademark registration person applies for a registered trademark and obtains the trademark rights for the identifying part of the domain name. At this time, the exclusive rights of the trademark cannot be extended to the domain name, because the domain name is global, so it does not matter Regional, trademarks are strictly regional, and the domain name is registered first and is protected by law.
2. The registered domain name contains someone else’s registered trademark The name. Domain names, like trademarks, have important recognition value, but the basis of domain name recognition is cyberspace. In order to expand their Internet business, Internet users often create homepages on the Internet to promote their corporate image. Internet users are generally willing to choose the same words as their trademark names as domain names to register and use, so as to extend the business reputation established on the trademarks to the online space. If the identifiable part of the domain name registered by the domain name registrant is the same as or similar to the name of another person's registered trademark, the domain name owner and the trademark owner will have a dispute. According to the provisions of the Trademark Law, the exclusive right to use a trademark cannot automatically extend to cyberspace. The inclusion of someone else’s registered trademark in a domain name will not automatically infringe the trademark rights of others.. However, if the domain name is used improperly, for example, the goods and services provided by the domain name owner to consumers on a website that uses the domain name as an identification mark are the same or similar to the goods or services provided by the trademark owner to consumers, which is enough to cause ordinary consumption If there is a misunderstanding or misunderstanding between the domain name owner and the trademark owner, the conflict of rights between the domain name and the trademark is inevitable. In such a case, the principles of protecting fair competition and protecting prior rights mainly apply.
3. Malicious domain name squatting. It refers to the behavior of Internet users who clearly know that the identifying components of the domain name they apply for registration are the same as the registered trademark names of others, but still register them.
4. There are multiple identification parts of the same domain name Registered trademark owner. The scope of protection of trademark rights is limited to the registered trademark and the goods approved for use. Under normal circumstances, the trademark owner cannot exclude the use of the same or similar trademark on goods that are not identical or similar. In reality, there are many cases of identical or similar trademarks on different but not similar goods or services. If a domain name is registered with the iconic words of another person's trademark, it may lead to disputes between multiple trademark owners regarding the ownership of the same domain name. To resolve such disputes, the principle of protecting previously registered domain names should be adhered to.
The above knowledge is the editor’s analysis of relevant legal issues Answer: According to the relevant laws of our country, disputes over trademark rights and domain name rights can be resolved through mediation. When filing a lawsuit with the People's Court, if both parties agree to mediate, the People's Court will mediate. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
