first of all, the name of a website is not a right specified by law (such as a trademark). Therefore, for significant website names (such as Taobao, Alibaba, Sina, etc.), the most direct and effective way is to register trademarks and protect them through trademark rights.
secondly, for website names that are not significant in themselves (such as industry website names), they cannot be registered as trademarks and protected by trademark rights because they are not significant. However, if the name of this website has been used and promoted for a long time, and the public has actually linked the name of this website with a specific source, the name of this website has acquired salience, that is, acquired salience, that is, "the second meaning". At this time, it can be protected by the second paragraph of Article 5 of the Anti-Unfair Competition Law, that is, "the unique name of well-known goods or services".
In judicial practice, infringement lawsuits caused by the same or similar names of "region+industry" websites also occur. Claiming rights according to the second paragraph of Article 5 of the Anti-Unfair Competition Law must meet the three requirements of "well-known" goods or services, "unique" names and confusion, which is also the difficulty for the plaintiff to prove in judicial practice. First, the plaintiff must prove that the goods or services provided by the website are "well-known". Secondly, the plaintiff must prove that the name of the website is "unique". However, the website name of "region+industry" like this case is generally considered as a "generic name". Unless it is proved that it has a second meaning, that is, it is obviously recognizable due to actual use behavior, it is difficult to be recognized as a "unique" name, and the website name should not enjoy exclusive or exclusive rights.
The relevant provisions in the Interim Measures for the Administration of Website Name Registration are as follows:
The registered website name mentioned in these Measures refers to the website name obtained by the website owner after receiving the Website Name Registration Certificate through the website name registration procedure.
article 7 website owners have exclusive rights to the names of their registered websites, and no unit or individual may use the same names as those of others' registered websites on the websites they own without authorization.
Article 18 In any of the following circumstances, the registration authority shall reject the application and will not make an announcement:
(1) The name of the registered website applied for is the same as that of the registered website already registered by others.
(2) The name of the website applying for registration contains the contents and words specified in Article 1 of these Measures;
(3) the applicant fails to submit the revised relevant documents on time;
(4) The revised document still does not conform to the relevant provisions of these Measures;
article 19 where two or more applicants apply for registration with the same website name, the registration authority shall preliminarily examine and approve the website name that applied earlier and make an announcement.
Article 3 Where a website owner uses the same or similar registered website name as the trademark, shop name, domain name, enterprise name and registered website name owned by other obligees, and engages in similar business with the obligee, thus causing others to misunderstand, the registration authority shall order him to correct his improper behavior. If the circumstances are serious, his registered website name may be revoked, and the Certificate of Website Name Registration shall be withdrawn and announced. The registration authority may also punish it according to the provisions of relevant laws and regulations.
article 31 if the website owner uses the registered website name owned by the obligee without the permission of the obligee, the registration authority will punish him according to law. Unless the website owner has actually used the website name before the right holder of the registered website name applies for registration.
article 32 if a website owner fraudulently uses the registered website name, the administrative department for industry and commerce will punish him according to relevant laws and regulations.
Therefore, general industry websites are "generic names". Unless it is proved that they have a second meaning, that is, they are obviously recognizable due to actual use behavior, it is difficult to be recognized as "unique" names, and they should not enjoy exclusive or exclusive rights to the website names.
If the name of the website you want to register is a general type of industry website, you don't have to worry about this infringement problem. If there is a special business, the well-known website name will constitute infringement. ?