What are the relevant requirements for determining that a domain name constitutes infringement or unfair competition
1. Determining that the domain name constitutes infringement or is not Relevant elements of fair competition
People's Court hearing domain name disputes In cases where the following conditions are met, the defendant’s registration and use of domain names shall be deemed to constitute infringement or unfair competition:
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 copy, imitation, translation or transliteration of the plaintiff’s well-known trademark; or is identical to or identical to the plaintiff’s registered trademark, domain name, etc. Similar enough to cause misunderstanding among the relevant public;
3. The defendant has no interest in the domain name or its main part, and has no legitimate reason to register or use the domain name;
4. The defendant registered and used the domain name with malicious intent.
2. What are the manifestations of unfair competition
(1) Confusing behavior
1. Counterfeiting other people’s registered trademarks;
2 , confused with well-known goods; unauthorized use of the unique name, packaging, decoration of well-known goods, or use of names, packaging, decoration similar to well-known goods, causing confusion with other people's well-known goods, causing buyers to mistakenly think that they belong to others Products;
3. Use other people’s business names without authorization or name, leading people to mistake it for someone else’s product;
4. Forging the origin of goods on the goods and making misleading false representations of the quality of the goods.
(2), public enterprises or other legally entitled Behavior that restricts competition by operators with a monopoly position
1. Restrict users or consumers to only purchase and use related products provided by them, and are not allowed to purchase and use products provided by other operators. Similar products that meet technical standards;
2. Limited Users or consumers can only purchase and use goods produced or distributed by their designated operators, and are not allowed to purchase and use similar goods provided by other operators that meet technical standards;
3. Forcing users and consumers to purchase unnecessary goods and accessories provided by them;
4. Force users and consumers to purchase products provided by their designated operators Unnecessary products;
5. For verification Use product quality and performance as excuses to prevent users and consumers from purchasing and using other products that meet technical standards provided by other operators;
6. Refuse, interrupt or reduce the supply of relevant goods to users or consumers who do not accept its unreasonable conditions, or overcharge;
7. Other behaviors that restrict competition.p>
(3) Restrictive competition behavior of government agencies
1. Implement administrative compulsory business activities, restrict others from purchasing the goods of designated operators, and restrict other operators’ legitimate business activities;
2. Implement regional blockade: restrict foreign goods from entering the local market or local goods from flowing to foreign markets.
(4) Commercial bribery
In order to gain trading opportunities, operators secretly give gifts that can influence market transactions. to the relevant persons in exchange for property or other benefits. The main form of commercial bribery is kickbacks.
(5) False propaganda
Operators use advertisements or other publicly known methods to promote products Make misleading and false propaganda about the quality, ingredients, performance, usage, manufacturer, expiration date, origin, etc. To constitute false advertising, it must be sufficient to cause misunderstanding among the general public.
(6) Infringement of trade secrets
span>1. Obtain the right holder’s trade secrets through theft, inducement, coercion or other unfair means;
2. Disclose, use or allow others to use the right holder’s trade secrets obtained by the means mentioned in the previous paragraph;
3. Units and individuals that have business relationships with the rights holder violate the contract or violate the rights holder’s relevant business ethics Requirements for confidentiality, disclosing, using or allowing others to use the business secrets of the right holder;
4. Employees of the obligee violate the contract or the obligee’s requirement to keep business secrets by disclosing, using or allowing others to use the obligee’s business secrets in their possession;
5. The third party knowingly or should have known about the above-mentioned illegal acts obtains , using or disclosing the trade secrets of others shall be regarded as infringement of trade secrets.
(7) Low price dumping
Four statutory situations that do not constitute low-price dumping:
1. Selling fresh goods;
2. Processing products or other products whose validity period is about to expire Backlog of goods;
3. Seasonal price reductions;
4. Price reduction due to debt settlement, change of business, closure of business Selling goods.
"Supreme People's Court's Notice on Trials Involving Interpretation of Several Issues Applicable Law in Computer Network Domain Name Civil Disputes 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, cancel the domain name, or order the plaintiff to register and use the domain name at the request of the plaintiff; to the right holder If actual damage is caused, the defendant may be ordered to compensate for the loss.
The above is the editor's answer to the question "What are the relevant requirements for determining that a domain name constitutes infringement or unfair competition?" The relevant requirements for determining that a domain name constitutes infringement or unfair competition include that the civil rights and interests requested by the plaintiff to be protected are legal and valid, and that the defendant's There is no interest in the domain name or its main part. If readers need legal help, please go to the Legal Savior Network for legal consultation. .