What should I do if I find that someone else’s domain name is similar to my own?

Because a good Domain name is of high value, some people will add a little difference to the domain name in order to seek benefits. In this way, the registered domain name will be similar to the original domain name, which can easily cause public misunderstanding when using it. So, what should you do if you find that someone else’s domain name is similar to your own? Today, the editor of Legal Savior Network has compiled the following content to answer your questions, and I hope it will be helpful to you.

If registered trademarks, domain names, etc. are identical or similar and can cause misunderstanding among the relevant public, it may constitute infringement or unfair competition.

If it is determined that registration and use of domain names constitute unfair competition, the following requirements must be met:

1. The civil rights and interests you request to be protected are legal and valid.

2. The defendant’s domain name or its main part constitutes a copy, imitation, translation or transliteration of the plaintiff’s well-known trademark; or it is the same or identical with your registered trademark, domain name, etc. Approximate, and sufficient to cause misunderstanding among 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, so 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.

Legal basis:

Article 5 of the "China Internet Network Information Center Domain Name Dispute Resolution Measures" If any organization or individual believes that a domain name registered by others conflicts with the legitimate rights and interests of the organization or individual, they may file a complaint with the dispute resolution agency.

Article 8 If the following conditions are met, the complaint shall be supported:

(1) The person complained against The domain name is the same as the name or logo in which the complainant has civil rights, or is similar enough to cause confusion;

(2) The domain name complained ofThe holder has no legitimate rights and interests in the domain name or its main part;

(3) The domain name holder complained of has malicious intent in registering or using the domain name.

If the domain name holder complained of in Article 9 has any of the following circumstances, his behavior constitutes malicious registration or use of the domain name:

(1) The purpose of registering or transferring the domain name is to sell, lease or otherwise transfer the domain name to the complainant who is the owner of the civil rights or its competitors in order to obtain improper benefits;

(2) Repeatedly registering the name or logo that others have legitimate rights and interests as one's own domain name, in order to prevent others from using the name or logo that they have legitimate rights and interests on the Internet in the form of a domain name The name or logo of the rights and interests;

(3) The domain name is registered or transferred for the purpose of damaging the complainant’s reputation, disrupting the complainant’s normal business activities, or confusing the complainant with the complaint differences between people, misleading the public;

(4) Other malicious circumstances.

In practice, if it is discovered that another person’s domain name is similar to one’s own, it is generally recommended that the company first send a lawyer’s letter to seek low-cost negotiation to resolve the problem. Therefore, the company's internal legal affairs personnel or external lawyers should complete the legal letter and send it to the correct address of the other party. Remember to keep the delivery documents, such as the express delivery receipt, which can be used as evidence in future litigation. If your company does not have an internal legal department, you can also entrust an outside lawyer to issue a legal letter.

The above is the content compiled by the editor for you. Once you find that the other party’s domain name has formed a similar domain name and formed unfair competition, you should actively take measures to Effective measures to safeguard the company’s legitimate rights and interests. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.