How to identify domain name infringement
In domain name disputes, domain name infringement generally refers to the malicious use of other people's domain names. Maliceis the subjective element that the court must have to determine that squatting behavior constitutes infringement or unfair competition.
Summary of specific manifestations of malice It can be divided into the following aspects:
(1) Registering other people’s well-known trademarks as domain names for commercial purposes;
(2) Registering and using domain names that are identical or similar to the plaintiff's registered trademarks and domain names for commercial purposes, 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) Offered to sell at a high price, outRenting or otherwise transferring the domain name to obtain improper benefits;
(4) After registering a domain name, you do not use it or plan to use it, but intentionally prevent the right holder from registering the domain name;
(5) Other malicious circumstances.
How to bear responsibility for domain name infringement
Network users and network service providers who use the Internet to infringe on the civil rights and interests of others shall bear tort liability.
If network users use network services to commit infringement, The infringed party has the right to notify the network service provider to take necessary measures such as deletion, blocking, and disconnection. If the network service provider fails to take necessary measures in a timely manner after receiving the notice, it shall be jointly and severally liable with the network user for the expanded damage.
Network service providers know that network users use their networks If the service infringes upon the civil rights of others and fails to take necessary measures, the user shall be jointly and severally liable with the network user.
"Infringing content webpage address" refers to the address submitted by the rights holder The location of the infringing workspecific network address. That is the information displayed in the address box at the top of the browser.
"Infringing content" refers to the content that the rights holder believes infringes upon its Information network dissemination rights or deletion of works that change the rights management of electronic information.
If there are problems that need to be communicated and resolved, if the content is If you are not sure and want to know more, it is recommended that you seek help from an online lawyer on the Legal Savior Network in a timely manner.