Legal analysis: The conflict between domain names and trademarks manifests itself in the following aspects: 1. The actor maliciously registers other people’s well-known trademarks as domain names; 2. The domain name is not used for a long time after registration and hinders the use of others; 3. To obtain illegitimate benefits and then transfer the domain name by selling or leasing it at a high price; 4. Other aspects.
Legal basis: "Interpretations 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 that it is Malicious: (1) Registering other people’s well-known trademarks as domain names for commercial purposes; (2) Registering and using the same registered trademarks and domain names as the plaintiff for commercial purposes or a similar domain name, deliberately causing confusion with the products, services or website provided by the plaintiff, and misleading Internet users to access its website or other online sites;
(3) Offering to sell, rent or sell at a high price or at a high price Transferring the domain name in other ways to obtain illegitimate benefits;
(4) After registering the domain name, one does not use it or prepare to use it, but intentionally prevents the right holder from 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.