Conflicts between domain names and intellectual property rights may occur in the form of domain names being registered first, or the registered domain names containing the names of others’ registered trademarks, etc.

A domain name, also known as a network domain, is the name of a computer or computer group on the Internet consisting of a string of names separated by dots. It is used to locate the computer during data transmission.

Intellectual property rights are a collective term for rights generated by law based on creative achievements and industrial and commercial marks. The three most important intellectual property rights are copyright, patent rights and trademark rights. Patent rights and trademark rights are also collectively referred to as industrial property rights.

Manifestations of conflicts between domain name infringement and trademark infringement:

1. The domain name is registered first. It means that after the domain name owner registers the domain name, the trademark registration person applies for a registered trademark and obtains the trademark rights for the identifying part of the domain name. At this time, the exclusive rights of the trademark cannot be extended to the domain name, because the domain name is global, so it does not matter Regionality, trademarks are strictly regional, and the domain name is registered first and is protected by law;

2. The registered domain name contains the name of another person's registered trademark. Domain names, like trademarks, have important recognition value, but the basis of domain name recognition is cyberspace. In order to expand Internet business, Internet users often create homepages on the Internet to promote corporate images, and Internet users are generally willing to choose their trademark names. The same text is used as a registered and used domain name, extending the established commercial reputation of the trademark to the cyberspace. If the identifiable part of the domain name registered by the domain name registrant is the same as or similar to the name of another person’s registered trademark, the domain name owner and the trademark rights People will have disputes;

3. Malicious registration of domain names. It refers to the behavior of Internet users who clearly know that the identifying components of the domain name they apply for registration are the same as the registered trademark names of others, but still register them;

4. There are multiple registered trademark owners for the logo part of the same domain name. The scope of protection of trademark rights is limited to the approved registered trademark and the goods approved for use. Under normal circumstances, the trademark owner cannot exclude the use of the same or similar trademark on goods that are not identical or similar. If the domain name is used to identify other people's trademarks, Text registration may lead to disputes between multiple trademark owners over the ownership of the same domain name.

Legal Basis

Article 123 of the "People's Republic of China and Civil Code"

Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademark;

(4) Geographical indication;

(5) Trade secret;

(6) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects specified by law.