How to deal with domain name disputes
When a domain name dispute occurs, the parties involved It can be settled through mediation. If mediation fails, you can file a lawsuit with the People's Court to resolve the domain name dispute.
"Judicial Interpretation of the Supreme Court on the Trial of Civil Disputes Involving Computer Network Domain Names"Article 1: For civil disputes involving the registration and use of computer network domain names, the parties file a lawsuit in the People's Court, and if it meets the provisions of Article 108 of the Civil Procedure Law upon review, the People's Court shall accept the case.
Article 2: Infringement dispute cases involving domain names shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff discovers the computer terminal and other equipment of the domain name can be regarded as the place of infringement.
Foreign-related domain name dispute cases include domain names where one or both parties are foreigners, stateless persons, foreign enterprises or organizations, international organizations, or where the domain name is registered in a foreign country dispute cases. Jurisdiction over foreign-related domain name disputes occurring within the territory of the People's Republic of China shall be determined in accordance with the provisions of Part IV of the Civil Procedure Law.
Article 3: The cause of action in a domain name dispute case shall be determined based on the nature of the legal relationship disputed between the parties, and shall be preceded by the computer network domain name; the disputed If the nature of the legal relationship is difficult to determine, it can be generally referred to as a computer network domain name dispute case.
"Judicial Interpretation of the Supreme Court on the Trial of Civil Disputes Involving Computer Network Domain Names"
Article 4: PersonsWhen a civil court hears a domain name dispute case, if the following conditions are met, it shall determine that the defendant's registration and use of the domain name constitutes infringement or unfair competition:
(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 a copy, imitation, translation or transliteration of the plaintiff’s well-known trademark; Or it is identical or similar to the plaintiff’s registered trademark, domain name, etc., which is enough to cause misunderstanding among the relevant public;
(3) The defendant is not responsible for the domain name or its main part enjoys the rights and interests, and has no legitimate reason to register and use the domain name;
(4) The defendant registered and used the domain name with bad faith.
Article 5: If the defendant's behavior is proven to be in any of the following circumstances, the people's court shall determine that he has malicious intent:
(1) Registering others’ well-known trademarks as domain names for commercial purposes;
(2) Registering and using the plaintiff for commercial purposes registered trademarks, domain names and other identical or similar domain names, intentionally causing confusion with the products and services provided by the plaintiff or the plaintiff’s website, and misleading Internet users to access its website or other online sites;
(3) Offering to sell, rent or otherwise transfer the domain name at a high price to obtain improper benefits;
(4) Registering the domain name Afterwards, he does not use or intend to use it, but intentionally prevents the right holder from registering the domain name;
(5) There are other malicious circumstances.
The defendant provides evidence to prove that the domain name it held had gained a certain degree of popularity before the dispute occurred and could be distinguished from the plaintiff's registered trademark, domain name, etc., or If other circumstances are sufficient to prove that the defendant does not have malicious intent, the people's court may not determine that the defendant has malicious intent.
The above knowledge is the editor's answer to relevant legal issues. When a domain name dispute occurs, the parties can mediate and handle it. If the mediation fails, they can file a lawsuit with the People's Court. Litigation resolves domain name disputes. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
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