1. What is involved in domain name disputes
1. According to my country According to relevant laws, domain name disputes refer to civil disputes involving the registration and use of computer network domain names. Domain name disputes can be resolved through litigation.
2. Legal provisions: "Judicial Interpretation of the Supreme Court on the Trial of Civil Disputes Involving Computer Network Domain Names"
Article 1 For civil disputes involving the registration and use of computer network domain names, the parties shall file a lawsuit with the People's Court. If, upon review, it complies with the provisions of Article 108 of the Civil Procedure Law, the People's Court shall accept the case.
Article 2: Infringement dispute cases involving domain names shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff discovers the computer terminal and other equipment of the domain name can be regarded as the place of infringement.
Foreign-related domain name dispute cases include domain names where one or both parties are foreigners, stateless persons, foreign enterprises or organizations, international organizations, or where the domain name is registered in a foreign country dispute cases. Jurisdiction over foreign-related domain name disputes occurring within the territory of the People's Republic of China shall be determined in accordance with the provisions of Part IV of the Civil Procedure Law.
2. How to determine the composition of similar domain names Unfair competition
Similar domain names can cause public misunderstanding. If the domain name is registered and used improperly, it may be considered unfair competition. . According to regulations, if it is determined that registration and use of domain names constitute unfair competition, you need to analyze whether the following requirements are met:
1. The civil rights and interests you request to protect are legal and valid.
2. The domain name registered and used by the defendant 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 your registered trademark, domain name, etc., and is enough to cause misunderstanding by the relevant public.
This is just like a trademark. According to the general public perception, the domain name he uses will be recognized as your domain name, then it is confusing. In this case, your domain name rights have been violated.
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. For example, I want to borrow your relatively well-known domain name to obtain benefits or something.
Once you find that the other party's domain name has become a similar domain name and constitutes unfair competition, you must take measures quickly.
In practice, it is generally recommended that your company first sends a lawyer's letter to the other party to strive for lower-cost negotiation to resolve the issue. Therefore, it is best to have the company's in-house legal staff or an external lawyer write it and send it to the other party's correct address. However, you should remember to keep the delivery documents, such as the express delivery receipt, as these can be used as evidence when you may participate in litigation in the future.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, domain name disputes refer to the registration and use of computer network domain names, etc. Civil disputes arising from conduct and domain name disputes can be resolved through litigation. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
