In which court should computer network domain name trademark infringement disputes be filed?

Each type of case has its own jurisdiction. So which court should be sued for computer network domain name trademark infringement disputes? Next, the editor of the Legal Savior Network has compiled some knowledge in this area for everyone. You are welcome to read!

Which court should be sued for computer network domain name trademark infringement disputes

Due to infringement of registered trademark rights As well as civil lawsuits filed for infringement of the special protection rights of well-known trademarks, the jurisdiction of the people's court is the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the Defendant is domiciled.

The storage place of infringing goods refers to a large amount or The place where infringing goods are regularly stored and concealed; the place of seizure and seizure refers to the place where customs, industry and commerce and other administrative agencies seal and seize infringing goods in accordance with the law, and does not include the place where the court takes temporary measures to seize and seize infringing goods. In the place where the infringing goods are stored or seized, the parties may sue the perpetrators who performed storage, custody, transportation, etc., or the dealers and manufacturers of the goods, or all the perpetrators at the same time.

For a joint lawsuit involving multiple defendants in different places where the infringement was committed, the plaintiff can choose the jurisdiction of the People's Court of the place where one of the defendants' infringement was committed; for a lawsuit filed only against one of the defendants, the defendant's infringement The people's court at the place where the act is committed has jurisdiction. For example, for infringement activities such as A's manufacturing, B's transportation, C's storage, and D's selling of infringing goods, if the rights holder files a lawsuit against all infringers,In a joint lawsuit, you can choose the place where any defendant's infringement was committed (but not the place of residence); but if you only sue a certain defendant (such as the manufacturer), you can only choose the court where the defendant's behavior was committed or the place of residence. It cannot be sued in the court of the place of sale or the place where other infringing acts are committed.

It should be noted that according to relevant judicial interpretations, For civil dispute cases involving trademark infringement, if the above provisions are met, jurisdiction will no longer be determined based on the place where the infringement result occurs; the provisions in other judicial interpretations that determine jurisdiction based on the place where the infringement result occurs are no longer applicable to cases of trademark infringement disputes .

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