How to deal with malicious registration of com domain names
According to the relevant laws of our country, if disputes arise due to malicious registration of domain names, You can file a complaint to a domain name dispute resolution agency authorized by China Internet Network Information Center to initiate the domain name dispute resolution process.
"Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names"
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 cease infringement, cancel the domain name, or order the defendant to cease infringement, cancel the domain name, or order the defendant to cease infringement or cancel the domain name according to the plaintiff's Request an order for the plaintiff to register and use the domain name; if actual damage is caused to the right holder, the defendant may be ordered to compensate for the loss.
"China Internet Network Information Center Domain Name Dispute Resolution Measures" 》 Article 5 Anyone who believes that a domain name registered by others conflicts with his or her legitimate rights and interests may file a complaint with the dispute resolution agency.
After the dispute resolution agency accepts the complaint, it shall form an expert panel in accordance with the provisions of the procedural rules, and the expert panel shall follow the principles of "independence, neutrality, and convenience" in accordance with these Measures and procedural rules. , make a ruling on the dispute within 14 days from the date of establishment of the expert group.
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 complained domain name holder has no legitimate rights and interests in the domain name or its main part;
(3) The complaint against the domain name holder The registration or use is malicious.
Article 9 If the complained domain name holder 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 civil rights or its competitor, in order to Obtaining improper benefits;
(2) Repeatedly registering the name or logo in which others have legitimate rights and interests as their own domain name, in order to prevent others from using the name or logo in which they have legitimate rights and interests in the form of domain names on the Internet;
(3) The domain name is registered or transferred for the purpose of harming The reputation of the complainant, damaging the normal business activities of the complainant, or confusing the difference between the complainant and the complainant, misleading the public;
(4) Other malicious circumstances.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, if disputes arise due to malicious registration of domain names, you can file a complaint with the China Internet Network Information Center An authorized domain name dispute resolution agency files a complaint to initiate the domain name dispute resolution process. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
