How to protect the rights of Internet domain names that have been squatted
The domain name has been maliciously registered by others Yes, if the two parties cannot resolve the dispute through negotiation, they may file a lawsuit with the People's Court to resolve the 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 concerned file a lawsuit with 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.
"Judicial Interpretation of the Supreme Court on the Trial of Civil Disputes Involving Computer Network Domain Names" Article 3 The cause of action for domain name dispute cases, based on The nature of the legal relationship disputed between the parties is determined, and the computer network domain name is prefixed to it; if the nature of the legal relationship disputed is difficult to determine, it can be generally referred to as a computer network domain name dispute case.
Article 4 When hearing a domain name dispute case, the people's court shall determine that the defendant's registration and use of the domain name constitutes infringement or unfair competition if the following conditions are met:
(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 threat to the plaintiff The copy, imitation, translation or transliteration of a well-known trademark; or it is identical or similar to the plaintiff’s registered trademark, domain name, etc., which is enough to cause misunderstanding by the relevant public;
( 3) The defendant has no interest in the domain name or its main part, and has no legitimate reasons to register or use the domain name;
(4) The defendant has no rights and interests in the domain name Registration and use are malicious.
Article 5: If the defendant’s behavior is proven to be in any of the following circumstances, the people’s court shall determine that it is malicious:
(1) Registering other people’s well-known trademarks as domain names for commercial purposes;
(2) For commercial purposes To register or use a domain name that is the same as or similar to the plaintiff’s registered trademark or domain name, 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) Ever offered to sell, rent or otherwise transfer the domain name at a high price 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) Have other malicious circumstances .
The defendant provided 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 there are other circumstances that 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 analysis of relevant legal issues Answer: If the domain name has been maliciously registered by others, if the two parties cannot resolve the dispute through negotiation, they can file a lawsuit with the People's Court to resolve the dispute. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
