Whether the act of upgrading a domain name with prior civil rights is malicious
There is no malicious intent.
"Supreme People's Court's Notice on Trials Involving Computer Network Domain Names" Interpretation of Several Issues Applicable Law in Civil Dispute Cases"
Article 8 If the people's court determines that the registration or use of a domain name constitutes infringement or unfair competition, it may order the defendant to stop the infringement and cancel the domain name, or order the plaintiff to register and use the domain name at the request of the plaintiff; causing actual damage to the right holder Yes, the defendant may be ordered to compensate for losses.
"China Internet Network Information Center Domain Name Dispute Resolution Measures" Article 5 Anyone who believes that a domain name registered by others conflicts with his or her legitimate rights and interests may file a complaint with the dispute resolution agency.
After the dispute resolution agency accepts the complaint, it shall follow the procedures stipulations of rulesAn expert group will be formed, and the expert group will rule on the dispute within 14 days from the date of establishment of the expert group in accordance with these methods and procedural rules and the principles of "independence, neutrality and convenience".
Article 8 If the following conditions are met, the complaint shall be Get support:
(1) Complained domain name It is the same as the name or logo in which the complainant has civil rights, or is similar enough to cause confusion;
(2) The complained domain name holder does not have legitimate rights and interests in the domain name or its main part;
(3) The domain name holder complained of has malicious intent in registering or using the domain name.
Domain name holder complained of in Article 9 If one of the following circumstances occurs, his behavior constitutes malicious registration or use of a domain name:
(1) The purpose of registering or transferring the domain name is to sell, lease or otherwise transfer the domain name to the complainant who is the owner of the civil rights or its competitors in order to obtain improper benefits;
(2) Repeatedly use the name of another person who has legitimate rights and interests Or register the mark as your own domain name to prevent others from using it as a domain name in theUse the name or logo for which it has legitimate rights and interests on the Internet;
(3) The domain name is registered or transferred for the purpose of damaging the reputation of the complainant, disrupting the complainant's normal business activities, or confusing the difference between the complainant and the complainant, and misleading the public;
(4) Other malicious circumstances.
You can come to the Legal Savior website to find professional lawyers. Your best choice is to provide consulting services. The lawyers here will take you to understand relevant legal knowledge and answer your questions for you.
