The conflicts between domain names and trademarks are mainly manifested in the following aspects:

1. The registered domain name contains the name of a trademark that has been registered by others;

2. The malicious intent of others Domain name squatting;

3. The domain name is registered first, and the trademark is registered later;

4. There are multiple registered trademark owners for the same part of the same domain name.

Legal Basis

Article 5 of the "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"

The defendant's behavior was If it is proved that one of the following circumstances exists, the people's court shall determine that the person has bad faith:

(1) Registering another person's well-known trademark as a domain name for commercial purposes;

(2) For commercial purposes To register or use a domain name that is the same as or similar to the plaintiff’s registered trademark or domain name, 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 sites;

< p>(3) Offered to sell, lease or otherwise transfer the domain name at a high price to obtain illegitimate benefits;

(4) After registering the domain name, he does not use it or prepare to use it, but intentionally blocks the rights Anyone registering the domain name;

(5) There are other malicious circumstances.

The defendant provided evidence to prove that the domain name it held had gained a certain degree of popularity before the dispute occurred and could be distinguished from the plaintiff’s registered trademark, domain name, etc., or there were other circumstances sufficient to prove that it had no malicious intent. , the people's court may not find that the defendant has malicious intent.