Domain name disputes are a new form of legal disputes in the Internet era. So, what are the types of domain name disputes? Domain names and trademarks are closely related. If a dispute occurs, how to resolve the domain name dispute? This article will introduce you one by one.

1. What are the types of domain name disputes?

There are many types of domain name disputes, and they can be summarized into the following three types:

(1) Domain name squatting. It means registering a large number of other people's famous or relatively famous trade names or trademarks as domain names, and then bidding the right holders to buy back these domain names. For example, a Guangzhou company registered more than 20 internationally renowned trademarks such as KFC, Coca-Cola, and BMW as domain names under ".cn" and quoted prices for sale.

(2) Register and use domain names to counterfeit or dilute other people’s registered trademarks or trade names. For example, someone deliberately registered the domain name of aimiyou.cn. Not only is it very similar to AIMIYOU's registered trademark AIMIYOU, but the website pointed to by the domain name also provides the same services as the AIMIYOU website, so it constitutes an infringement of the AIMIYOU trademark.

(3) Rights conflicts caused by domain names. This is caused by the conflict between the uniqueness of domain names and the fact that there can be multiple rights holders for the same trademark or trade name. For example, according to the provisions of my country's Trademark Law, under normal circumstances, only the use of an identical or similar trademark on the same or similar goods without the permission of the trademark registrant constitutes infringement. Therefore, in our country, "China", "Great Wall", "Plum Blossom" and other trademarks have been registered as trademarks by many companies. Therefore, if someone's registered domain name conflicts with numerous rights holders of the same trademark, the conflict is not only a conflict between the domain name and the trademark, but also a conflict between the trademark registrants.

2. How to resolve domain name disputes

Some people believe that domain names are special trademarks and should be regulated by trademark law; others believe that although domain names are not trademarks, they should be regarded as part of intellectual property rights. kind, subject to the regulation of intellectual property laws; there are also opinions that a new independent "domain name right" should be created to regulate related behaviors.

Domain names and trademarks are closely related, but they are very different. It is not appropriate to simply extend the extension of trademarks to domain names. Domain name disputes are complex, and regulation by intellectual property law alone is far from enough. In the face of new situations, it is easy to Establishing new legal rights and neglecting the investigation and legal analysis of legal application are in danger of "changing orders overnight" in a modern society that is constantly changing. A set of legal systems should be followed in resolving domain name disputes, namely: judicial interpretations and other regulations on domain names; legal regulations on trademark rights; the principles of good faith and social welfare.

There are two points worth noting when applying this legal system:

The first is the hierarchical nature, that is, first to see whether it violates judicial interpretations and other regulations on domain names, and then to see whether it violates the relevant laws and regulations. The legal provisions of trademark rights ultimately depend on whether it violates legal principles. This follows the principle of legal application that privileges the special over the general.

The second is defensiveness. The plaintiff can only use this as the basis for defending his rights. Requests that exceed these norms are an abuse of rights and will cause new injustices.

The above is the specific content of domain name dispute types and how to resolve domain name disputes. I hope it can be helpful to you. A domain name is a hierarchical network character identifier corresponding to an Internet numeric address (IP address). Technically speaking, a domain name is just the address of each computer connected to the Internet. Domain name issues are relatively professional and technical. It is recommended that you consult a professional lawyer.