What is the relationship between domain names and trademark infringement
There is a relationship between the uniqueness of the domain name subject and the plurality of trademark subjects contradiction.
Due to technical limitations, worldwide , a domain name is absolutely unique. A domain name cannot be enjoyed by multiple owners at the same time, but this does not have to be the case for trademarks. Except for well-known trademarks, trademarks can be the same in different categories of goods and services, and because trademarks are only subject to approval Domestically valid, as long as the two countries have not joined the same international trademark treaty or bilateral international treaty, the same trademark can coexist on the same type of goods and services in both countries at the same time. It is precisely because of this contradiction that entities that own the same trademark cannot own it separately at the same time. The same domain name named after the trademark caused a conflict between the trademark and the domain name. A common dispute is that Internet users use a domain name that happens to be a registered trademark of another company. Even worse, two legal owners of the same trademark want to use their trademark as a domain name.
The marking function of a domain name is that it is easier to remember than an IP address. With the gradual rise of online commercial activities, "the original technical significance of the domain name has been gradually diluted, and what is highlighted instead is the meaning behind it. "The commercial identification meaning contained in it and the huge commercial value it represents", therefore, most domain name registration applicants are willing to register the trademark as their own domain name, thus creating a better relationship between the domain name andJudging from the respective characteristics of trademarks, there are realistic possibilities for domain name squatting in the following aspects:
(1) Regionality: Domain names have no regional restrictions and are globally unique. The exact same domain name cannot exist on the international Internet. Everyone who successfully applies for a domain name belongs to that user. unique. However, trademarks are regional and can be owned by different people in different countries or regions. Moreover, a trademark registered in country A and protected by law does not mean that it will also be protected in country B. Only by re-registering in country B can it be registered. The exclusive right to use a trademark is a manifestation of the geographical restrictions on trademarks. Therefore, when there are multiple trademark rights holders, even though they all have exclusive rights to the trademark in different regions, only one of them can apply for registration of the trademark as a domain name, which makes the rights of the legitimate trademark owner There is a conflict with the domain name.
(2) The uniqueness of domain names is different from trademarks : There are many types and compositions of trademarks, and the law only limits the use of identical or similar trademarks on the same or similar goods. That is, several manufacturers can use the same trademark at the same time to produce completely different types of products, such as "Changhong" color TVs. Although the trademark names of "Changhong" clothing and "Changhong" clothing are the same, the latter does not constitute infringement of the former.
(3) No similarity limit for domain names: There is an "identical or similar" provision in trademark infringement, that is, the text, graphics, letters, numbers, three-dimensional logos and color combinations of two trademarks must not only be different, but also must not be similar, otherwise it will constitute infringement; but there is no such requirement for domain names. kind of limitation.
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