1. What should I do if someone else uses my registered domain name
1. Basis According to the relevant laws of our country, if a dispute arises due to the registration or use of a domain name, and the parties cannot reach an agreement through negotiation, they may file a lawsuit in court for resolution.
2. "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names"
Article 4
The people's court hearing a domain name dispute case shall determine that the defendant's registration and use of the domain name, etc., meet the following conditions Constituting infringement or unfair competition:
(1) The civil rights and interests requested by the plaintiff 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 is identical or similar to the plaintiff's registered trademark, domain name, etc., which is sufficient 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 registered and used the domain name with malicious intent.
2. What are the situations of malicious registration
1. Malicious registrations include:
(1) For commercial purposesRegistering others' well-known trademarks as domain names;
(2) Registering and using domain names that are identical or similar to the plaintiff's registered trademarks, domain names, etc. for commercial purposes, Deliberately causing confusion with the products and services provided by the plaintiff or the plaintiff’s website, misleading Internet users to visit its website or other online sites;
(3) Ever offered high prices Selling, leasing or otherwise transferring the domain name to obtain improper benefits;
(4) After registering the domain name, you do not use it or prepare to use it, but intentionally Preventing the right holder from registering the domain name;
2. "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names"
Article 5
If the defendant’s behavior is proven to be in any of the following circumstances, the people’s court shall determine It is malicious:
(1) Registering other people's well-known trademarks as domain names for commercial purposes;
(2) Registering and using domain names that are identical or similar to the plaintiff's registered trademarks and domain names for commercial purposes, intentionally causing confusion with the products and services provided by the plaintiff or the plaintiff's website, and misleading Internet users to access its website or other online site;
(3) has offered to sell, rent or otherwise transfer the domain name at a high price to obtain improper benefits;
(4) After registering a domain name, you do not use it or plan to use it, but intentionally prevent the right holder from registering the domain name;
(5) Other malicious circumstances. If the defendant provides evidence to prove that the domain name it holds has gained a certain degree of popularity before the dispute occurs and can be distinguished from the plaintiff's registered trademark, domain name, etc., or there are other circumstances that are sufficient to prove that it does not have malicious intent, the people's court may not find the defendant Malicious.
Through the editor's introduction, we can understand that if the domain name is used by others, both parties can negotiate. If the negotiation cannot be negotiated, the only solution is to sue. , hope everyone understands. The above is the relevant content compiled by the editor of Legal Savior Network for you. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network..
