1. In what specific ways does the conflict between domain names and trademarks manifest?
1. The conflict between domain names and trademarks manifests itself in the following aspects:
(1) The actor maliciously registers another person’s well-known trademark as a domain name;
(2) Not using the domain name for a long time after registering it and hindering others from using it;(3) Due to Obtaining illegitimate benefits and then transferring the domain name by selling or leasing it at a high price;
(4) Other aspects.
2. Legal basis: "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 5: If the defendant's behavior is proven to be in any of the following circumstances, the people's court shall determine that the defendant has malicious intent:
( 1) Registering someone else’s well-known trademark as a domain name for commercial purposes;
(2) Registering and using the same trademark or domain name as the plaintiff’s registered trademark or domain name for commercial purposes, or Similar domain names intentionally cause confusion with the products and services provided by the plaintiff or the plaintiff’s website, and mislead Internet users to access its website or other online sites;
(3 ) has offered to sell, rent or otherwise transfer the domain name at a high price to obtain improper benefits;
(4) After registering the domain name, he does not use it or prepare it Use, and intentionally prevent the right holder from registering the domain name;
(5) Other malicious circumstances.
2. How Handling conflicts between domain names and ordinary trademarks
Methods for handling conflicts between domain names and ordinary trademarks: Generally, the parties to the dispute shall negotiate and handle it. If the parties are unable to negotiate, , can file a complaint to the dispute resolution agency in accordance with the law, and the dispute resolution agency will form an expert group in accordance with the provisions of the procedural rules, and the expert group will follow the principles of "independence, neutrality and convenience" in accordance with these Measures and procedural rules. The dispute will be adjudicated within 14 days from the date of the dispute.
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