What are the reasons for the conflict between domain name rights and trademark rights
The reasons for the conflict between domain name rights and trademark rights are:
1. The contradiction between the uniqueness of the domain name subject and the plurality of trademark subjects.
Due to technical limitations, domain names are absolutely unique globally, and it is impossible for a domain name to be Multiple owners can enjoy it at the same time, but trademarks do not have to be so. Except for well-known trademarks, trademarks can be the same in different categories of goods and services. Since trademarks are only valid in the country where they are approved, as long as the two countries have not joined the same trademark International treaties or bilateral international treaties, the same trademark can coexist on the same type of goods and services in both countries at the same time. It is precisely because of this contradiction that entities owning the same trademark cannot own the same domain name named after the trademark at the same time, giving rise to trademark and Domain name conflict. A common dispute is that Internet users use a domain name that happens to be a registered trademark of another company. Even worse, two legal owners of the same trademark want to use their trademark as a domain name.
2. The results of the open registration principle.
Domain name application is based on the principle of “first apply, first registered”. Domain name registration agencies only review the authenticity of domain name registration applicants' application materials, and are not responsible for substantive review of whether the domain name infringes on the exclusive rights and interests of others' prior trademarks. Therefore, domain name registration services only provide technical services.
3. The influence of commercial interests.
Domain name originally has no commercial value, but with the development of e-commerce, its commercial value has become increasingly apparent. It has become an electronic trademark for corporate goods and services. The object of intellectual property represents goodwill, an intangible asset that can create huge benefits. Unlike trademarks, one is used for virtualof the online world, and one for real real life. However, the existing trademarks and trade names are limited, and domain names cannot be repeated. There must be a conflict between the limited supply of trademark domain names and the unlimited demand for domain names. Some people use preemptive registration to seize popular domain name resources and then sell them to trademarks. rights holder. With the development of my country's information industry and driven by commercial interests, such disputes will increase.
4. The legal system is imperfect.
my country's existing laws do not explicitly provide for disputes between domain names and trademarks, which makes the disputes about domain names unclear. There are many vague understandings and disagreements about the nature, relationship between domain names and trademarks. Since there are no specific operating methods, clear methods of assuming responsibilities, and rules, it is impossible to form a legal deterrent and establish an effective prevention mechanism. Although our country has also promulgated some related laws and regulations, the number is generally relatively small, and in the face of the rapidly developing Internet world, the laws and regulations formulated pale in comparison.
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