1. How to determine that similar domain names constitute unfair competition
Similar domain names will cause public confusion Misunderstanding, if the domain name is registered and used improperly, it may be considered unfair competition. According to regulations, if it is determined that registration and use of domain names constitute unfair competition, you need to analyze whether the following requirements are met:
1. The civil rights and interests you request to protect Legal and valid.
2. The domain name registered and used by the defendant 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 your registered trademark, domain name, etc., and is enough to cause misunderstanding by the relevant public.
This is just like a trademark. According to the general public perception, the domain name he uses will be recognized as your domain name, so it is confusing. In this case, your domain name rights have been violated.
3. The defendant has no interest in the domain name or its main part, and has no legitimate reason to register or use the domain name.
4. The defendant registered and used the domain name with malicious intent. For example, I want to borrow your relatively well-known domain name to obtain benefits or something.
Once you find that the other party’s domain name has formed a similar domain name and constitutes unfair competition, you must take measures quickly.
In practice, it is generally recommended that your company first sends a lawyer's letter to the other party to strive for lower-cost negotiation to resolve the issue. Therefore, it is best to have the company's in-house legal staff or an external lawyer write it and send it to the other party's correct address. However, you should remember to keep the delivery documents, such as the express delivery receipt, as these can be used as evidence when you may participate in litigation in the future.
2. Elements constituting unfair competition
1. Behavior The main body is the operator. businessPersons are legal persons, other economic organizations and individuals engaged in commodity operations and profit-making services. The operator mentioned here emphasizes the subject engaged in business activities, regardless of whether he or she has legal qualifications or capabilities. The subjects mentioned here include general subjects and special subjects, the latter including illegal Operators and the government and its affiliated departments.
2. There is unfair competition.
3. Damage the legitimate rights and interests of other operators.
4. The behavioral subject has subjective fault.
3. Unfair competition
According to the "People's Republic of China Anti-Unfair Competition Law
Article 5 Operators shall not use the following unfair means to engage in market transactions and harm competitors:
(1) Counterfeiting other people’s registered trademarks;
(2) Using the unique name, packaging, decoration of well-known products without authorization, or using the same The similar names, packaging, and decoration of well-known products cause confusion with other people's well-known products, causing buyers to mistake them for the well-known products;
(3) Unauthorized use The name of another person's company or name may lead people to mistake it for another person's product;
(4) Forging or fraudulently using quality marks such as certification marks, famous and quality marks on the goods; , falsify the place of origin, and make misleading false representations of product quality.
Article 6 Public utility enterprises or other operators with exclusive status according to law shall not restrict others from purchasing the commodities of their designated operators in order to exclude other operators' fairness. compete.
Article 7 The government and its subordinate departments shall not abuse administrative power to restrict others from purchasing the commodities of its designated operators or restrict the legitimate business activities of other operators.
The government and its departments shall not abuse administrative power to restrict foreign goods from entering the local market, or the flow of local goods to foreign markets.
Article 8 Operators shall not use property or other means to bribe to sell or purchase goods. Give secretly outside the accountIf the other party's unit or individual receives kickbacks, it will be punished as bribery; if the other party's unit or individual secretly accepts kickbacks outside the accounts, it will be punished as bribery.
When an operator sells or purchases goods, he or she may expressly give discounts to the other party and may pay commissions to the intermediary. If an operator gives discounts to other parties or commissions to intermediaries, they must be truthfully recorded in the accounts. Operators who accept discounts and commissions must truthfully record them in their accounts.
Article 9 Operators shall not use advertisements or other methods to introduce the quality, ingredients, performance, uses, producers, expiration dates, origins, etc. of goods. False propaganda that people misunderstand.
Advertising operators shall not act as agents, design, produce, or publish false advertisements without knowing or should have known.
Article 10 Operators shall not use the following means to infringe business secrets:
(1) By stealing , inducement, coercion or other unfair means to obtain the right holder’s business secrets;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the preceding paragraph; Trade secrets;
(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in its possession.
If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph obtains, uses or discloses the business secrets of others, it shall be deemed as infringement of business secrets.
Trade secrets as mentioned in this article refer to information that is not known to the public, can bring economic benefits to the right holder, is practical and has been kept secret by the right holder. technical information and business information.
Article 11 Operators shall not sell goods at a price lower than cost for the purpose of squeezing out competitors.
Any of the following circumstances does not constitute unfair competition:
(1) Sales Fresh commodities;
(2) Dealing with commodities whose validity period is about to expire or other backlogged commodities;
(3) Seasonal price reduction;
(4) Selling goods at reduced prices due to debt repayment, change of business, or going out of business.
Article 12 Operators shall not violate the rules of the purchaser when selling goods. The willingness to tie the sale of goods or attach other unreasonable conditions.
Article 13 Operators shall not engage in the following sales with prizes:
(1) Use the deceptive method of falsely claiming that there is a prize or deliberately letting the designated personnel win the prize to sell prizes;
(2) Exploit Prize-based sales promote low-quality and high-priced goods;
(3) Lottery-style prize sales, with the maximum prize amount exceeding 5,000 yuan.
(3) Prize-winning sales. p>
Article 14 Operators shall not fabricate or spread false facts to damage the business reputation and product reputation of competitors.
Article 15 Bidders shall not collude in bidding, raise or lower bid prices.
Tenderers and tenderers shall not collude with each other to exclude competitors. Fair competition.
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