Since international domain names are currently registered uniformly around the world, if a domain name is registered worldwide, no other organization has the right to register the same domain name. In 1996, there was a "craze" in China where a large number of corporate trademarks were registered as domain names by others. Judging from the existing laws in our country, it seems that they cannot effectively resolve the conflict between domain names and trademarks. We are also "crossing the river by feeling for the stones", constantly accumulating experience, and want to cooperate with other countries around the world and establish laws and regulations based on our country's actual situation. an effective solution.
1. In accordance with international regulations, domain names and trademarks cannot have extended denotations between them.
The relevant rights of a trademark shall be possessed and used by the trademark owner, while the related rights of a domain name shall be possessed and used by the domain name registrant. Two completely different fields, two completely different rules. The themes marked by the two logos are different, and naturally the system applicable to one logo cannot be applied to the other logo. Just because you are a trademark owner does not necessarily mean that your rights should be extended to domain name rights, and vice versa. The author believes that most countries in the world implement the "first to apply, first to register" principle for domain names, and the same is true for my country; but for trademarks, the existing system cannot be completely overturned because of the rise of the Internet, nor can the overall management mechanism be negated. rationality and operability.
2. Distinguish and define the boundaries between "malicious" and "non-malicious", and consciously abide by the principle of good faith.
As mentioned above, the distinction between "malicious" and "non-malicious" should be done carefully and the legitimate rights and interests of trademark registrants and domain name registrants should be comprehensively considered. Only by properly grasping the essence of "the conflict between a later registered domain name and an earlier registered trademark" and "the conflict between a later registered trademark and an earlier registered domain name" can the conflict be properly handled. At the same time, the author believes that a domain name and a trademark are the same. As long as the first registrant applies according to the procedures and registers and uses the domain name or trademark in "non-malicious" circumstances, it should not be considered an infringement. Because it follows the most basic principle in the legal environment of the market economy - the principle of good faith. Although this principle is not listed in the legal regulations for domain name registration at this stage, the author personally believes that it will inevitably become the basic principle of cyberspace. one. If the domain name registrant or trademark registrant registers or uses the domain name in bad faith, it will inevitably violate the principle of good faith and constitute infringement.
3. Establish the principle of civil liability.
In this regard, we discuss the issue of liability from the perspective of "conflict between a later registered domain name and an earlier registered trademark". If the domain name registrant uses this website to infringe the rights and interests of the trademark owner, he shall bear corresponding responsibilities. For example, the Chinese domain name of a certain network is the same as the trademark name of a certain product. Although it is legally registered, it is engaged in activities of promoting, introducing, and selling similar products of the previous owner of the trademark right. This kind of behavior is enough to cause some confusion among the public and mistakenly believe that the goods on the website have a certain connection with the trademark owner. or other behaviors that maliciously damage the image of the trademark. Therefore, when a situation like this occurs, even if the trademark is not "well-known", when its legitimate rights and interests are infringed, you can still use legal weapons to protect yourself. For example, it requires a cessation of infringement, an apology and compensation for economic losses, and a prohibition on unfair commercial use by users. Vice versa, the same is true for the situation of "conflict between a later registered trademark and an earlier registered domain name".
4. Exception principle
In the traditional trademark system, there is a special system, the well-known system, which is more powerful than the protection of ordinary trademarks. For well-known trademarks, it is required that the trademark cannot be used for any goods or services that may cause "misunderstanding". In view of this situation, it seems that the protection of well-known trademarks can be extended to the field of domain names. For example, in the domain name dispute between "IKEA" in the Netherlands and Beijing State Grid Corporation of China in June 2000, the "IKEA" brand owned by the Netherlands' Interage Systems Co., Ltd. not only has a very high reputation internationally, but also "IKEA" This brand is also registered as a trademark in China.
In the end, in addition to using existing domestic laws such as the Anti-Unfair Competition Law, the judge cited for the first time the protection provisions of the international "Paris Convention for the Protection of Industrial Property" for well-known trademarks, and ordered the defendant to immediately stop using and revoke the domain name
④. This shows the superiority of well-known trademarks.