What is liability determination for domain name infringement disputes?

The development of the Internet is amazing, and now many people also create their own personal websites. Everyone knows that building a website requires a Domain name, otherwise it won’t make much sense. For many outsiders, they don’t know what a domain name means. The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the determination of liability for domain name infringement disputes

Hearing relevant network issues in the People’s Court In domain name infringement disputes, if the following circumstances are met and infringement is constituted in accordance with relevant legal provisions, the corresponding legal provisions shall be applied; if unfair competition is constituted, the relevant provisions of the General Principles of the Civil Law and the Anti-Unfair Competition Law may be applied.

1. The civil rights and interests requested by the plaintiff to be protected are legal and valid;

2. The defendant’s domain name or The 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 by 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 The registration and use of this domain name is malicious.

Foreign domain name dispute cases, in accordance with the "General Principles of Civil Law" The relevant provisions on the application of laws in foreign-related civil relations shall be dealt with.

If the people's court determines that the registration and 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 defendant to cancel the domain name at the request of the plaintiff. Order the plaintiff to register and use the domain name; if actual damage is caused to the right holder, the defendant may be ordered to compensate for the loss.

Related knowledge: Domain name syntax

The domain name system is hierarchical, allowing for defined subdomains. The domain consists of at least one word,Label. If there are multiple labels, the labels must be separated by dots. In a domain name, the rightmost label must select the top-level domain name from the list of names, also known as the top-level domain (Chinese and English top-level domain names or TLDs). A label formed by the former far right, there are some restrictions on the label.

Do you know what a domain name is legally? Through the introduction of this article, I believe everyone has a certain understanding. Today, when the Internet is so developed, domain names have become very important. Importantly, if we don't have a domain name, we will lose a lot of convenience. If your situation is more complicated, Legal Savior Network welcomes you to seek legal consultation.