What is the difference between domain name and trademark conflicts?

Since international Domain names are currently registered uniformly around the world, if a domain name is registered worldwide, no other organization has the right to register the same domain name. What is a domain name and trademark conflict? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

What is the difference between domain name and trademark conflicts

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 someone else’s registered trademark The 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.

There are usually two types Situation:

One ​​is to only register domain names without using them. Transfer for profit;

Second, after squatting on the domain name Use it to engage in unfair competition activities, such as preventing others from registering and conducting online activities with their own trade names, trademarks, etc.

There are several aspects that can be considered when determining malicious cybersquatting. ：

First, the domain name and the trademark of the requester Identical or confusingly similar;

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

Third, the domain name was registered and used maliciously.

4. There are multiple identification parts of the same domain name Registered 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 Notice on the Trial ofand Interpretations on Several Issues Applicable Law in Civil Disputes over Computer Network Domain Names"

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 plaintiff to register and use the domain name at the request of the plaintiff; grant rights If actual damage is caused to a person, the defendant may be ordered to compensate for the loss.

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