What are the requirements for determining that a domain name constitutes infringement or unfair competition?

Since domain names have generated corresponding value, many people have begun to register domain names. For example, they use the pinyin of celebrities' names as domain names to register them, and then sell them in the future to obtain certain economic benefits. In fact, did you know that doing so has constituted infringement? Today, the editor of Legal Savior Network will introduce to you the requirements for determining that a domain name constitutes infringement or unfair competition.

What are the requirements for determining that a domain name constitutes infringement or unfair competition

When hearing a domain name dispute case, the people's court shall determine that the defendant's registration and use of the domain name constitutes infringement or unfair competition if the following conditions are met:

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 copying of the plaintiff's well-known trademark. Transliteration; or is identical or similar to the plaintiff’s registered trademark, domain name, etc., enough to cause misunderstanding among the relevant public;

3. The defendant’s domain name or its main part It has no rights and interests, and has no legitimate reasons to register and use the domain name;

4. The defendant registered and used the domain name with bad faith.

How to bear liability for domain name infringement

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Those who maliciously register domain names must bear civil liability. There are four conditions for an actor's registration and use of a domain name to constitute infringement or unfair competition: First, the civil rights and interests requested by the plaintiff to be protected are legal and valid. Second, the defendant’s domain name or its main part constitutes a copy, imitation, translation or transliteration of the plaintiff’s well-known trademark; or it is identical or similar to the plaintiff’s registered trademark, domain name, etc., which is enough to cause misunderstanding among the relevant public. Third, the defendant had no legitimate reasons for registration and use. Fourth, the defendant had malicious intent. When the defendant's registration and use of domain names meet these four elements, the court should determine that it constitutes infringement or unfair competition. If the court determines that the registration and use of a domain name constitutes infringement or unfair competition, it may order the defendant to stop infringement, cancel the domain name, or order the plaintiff to register and use the domain name at the request of the plaintiff; if actual damage is caused to the right holder,The defendant can be ordered to pay damages.

Network users and network service providers who use the Internet to infringe on the civil rights and interests of others shall bear tort liability.

If an Internet user uses Internet services to commit infringement, the infringed party has the right to notify the Internet service provider to take necessary measures such as deletion, blocking, and disconnection. If the network service provider fails to take necessary measures in a timely manner after receiving the notice, it shall be jointly and severally liable with the network user for the expanded damage.

If a network service provider knows that a network user is using its network services to infringe on the civil rights of others and fails to take necessary measures, it shall bear joint and several liability with the network user.

"Webpage address of infringing content" refers to the specific network address where the infringing works are located, as proposed by the rights holder. That is the information displayed in the address box at the top of the browser.

"Infringing content" refers to works that the rights holder believes infringe on its information network dissemination rights or delete and change its rights management electronic information.

When it is determined that a domain name constitutes infringement or unfair competition, it is recommended that you consult a lawyer online at the Legal Savior Network to provide good advice.