What is the conflict between domain names and trademarks?

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 locate the computer during data transmission. So what is the conflict between domain names and trademarks? 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 conflict between domain names and trademarks

1. The domain name must be registered first. It means that after the domain name owner registers the domain name, the trademark registration person applies for a registered trademark and obtains the trademark rights for the identifying part of the domain name. At this time, the exclusive rights of the trademark cannot be extended to the domain name, because the domain name is global, so it does not matter Regional, trademarks are strictly regional, and the domain name is registered first and is protected by law.

2. The registered domain name contains the registered trademark of others name. Domain names, like trademarks, have important recognition value, but the basis of domain name recognition is cyberspace.

3. Malicious domain name squatting. It refers to the behavior of Internet users who clearly know that the identifying components of the domain name they apply for registration are the same as the registered trademark names of others, but still register them.

Usually there are two situations:

First, they only register domain names without using them, and want to make profits by transferring them;

The second is to preemptively register a domain name and then use it to engage in unfair competition activities, such as preventing others from using their own domain name Register trade names, trademarks, etc. and conduct online activities.

Determining malicious cybersquatting can be considered from several aspects:

First, the domain name is identical or confusingly similar to the requester’s trademark;

The second is that the domain name owner has no rights or legitimate interests in the domain name;

Third, the domain name was registered and used maliciously.

4. There are multiple registrations for the identification part of the same domain name Trademark owner. The scope of protection of trademark rights is limited to the registered trademark and the goods approved for use. Under normal circumstances, the trademark owner cannot exclude the use of the same or similar trademark on goods that are not identical or similar.

"The Supreme People's Court's decision on the trial involving computer network domain names" Interpretation of Several Issues Applicable Law in Civil Dispute 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 defendant to cease infringement, cancel the domain name, or order the plaintiff to The plaintiff requests an order 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.

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