What constitutes malicious registration or use of SMS URLs
Responsible for adjudication The panel of experts involved in the dispute has the right to determine whether the registrant of the SMS website being complained has malicious intent in registering or using the SMS website. If the registrant of the complained SMS website has any of the following circumstances, it constitutes malicious registration or use of the SMS website:
(1) The main reason for registering or transferring the SMS website The purpose is to sell, rent or otherwise transfer the SMS URL to obtain illegitimate benefits;
(2) Repeatedly use the name of another person who has legitimate rights and interests Register as your own SMS URL. The purpose of registering the SMS URL is to prevent others from using their legitimate rights and interests on the mobile Internet in the form of SMS URLs;
(3) The purpose of registering or transferring the SMS URL is to damage the reputation of the complainant, disrupt the normal business activities of the complainant, or confuse the difference between the complainant and the complainant, and mislead the public;
(4) Other malicious circumstances.
What should I do if my domain name is maliciously registered? Rights protection
A domain name is the name of a computer or computer group on the Internet consisting of a string of names separated by dots. It is used to The electronic location of the computer is identified when the data is transmitted (sometimes also refers to the geographical location, a geographical domain name, which refers to a local area with administrative autonomy). A domain name is an IP address with a "mask" on it. The purpose of a domain name is to facilitate remembering and communicating the addresses of a group of servers (website, email, ftp, etc.). Domain names serve as the names of most memorable Internet participants. The first registered domain name in the world was registered in January 1985.
Before determining how to protect the rights of domain names that have been maliciously registered, we must first determine the conditions for maliciously registered domain names:
1. There is no legally recognized necessary connection between the registrant and the registered domain name, that is, because the domain name is registered, others will not be able to obtain it. The so-called necessary connection means that the registered unit has complete proof on behalf of the registrant. Such as agent certificate, unit registration certificate, etc.
2. The registrant has obtained illegal benefits through the registered domain name, or caused others to suffer undue losses.
If you are sure that the other party has maliciously registered your domain name, you can now apply to a domain name dispute resolution agency certified by the China Internet Network Information Center, such as the China International Economic and Trade Arbitration Commission The Domain Name Dispute Resolution Committee initiates domain name dispute resolution. You can also file a lawsuit in court. Depending on the circumstances, the court will impose fines on individuals or units, stop their online activities, and revoke their business licenses. Domain names are highly professional, so it is recommended to seek legal representation from a professional lawyer if you are involved in litigation.
How to identify malicious registration of trademarks
my country's Trademark The provisions of the Law on prohibiting malicious preemptive registration reflect the common legislative purpose, which is to maintain the principle of good faith and prevent unfair competition. Malice is a common requirement for identifying malicious squatting and applying the above-mentioned legal provisions. The determination of bad faith mainly considers but is not limited to the following factors:
1. The applicant has agency or representation, trade, cooperation, geography (region) with the respondent or other related parties who know or should know the trademark of the respondent.
2. The respondent knew or should have known that the trade names, works, designs, names, portraits, etc. that had prior rights were famous or had other factors. existence of prior rights.
3. If the applicant claims that the respondent has maliciously registered its trademark, the originality of the applicant's trademark needs to be considered.
4. The respondent knew or should have known the existence of the names of tourist attractions and places of origin as public resources due to their popularity.
5. After the disputed trademark was registered, the respondent used it to obtain illegitimate benefits and hindered the legitimate rights and interests of others.Use, ask for high transfer fees, licensing fees, infringement compensation from others, or conduct propaganda that misleads the public and causes market chaos.
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