A Research On The Dispute Of Domain Name And Trademark

As a valuable intellect property right and incorporeal capital, trademark plays an important role on enterprise抯 marketing. With the repaid application of Internet in the economic field, it is the most efficient way that enterprises use their trademarks to exploit the new network resources, because trademarks can continue their credit in the 憊irtual world?. However, many disputes occur between trademarks and domain names, the Internet identifier, because of the inharmony between the traditional trademark system and the technical characteristics of network. These disputes bring many obstacles to enterprise抯 Internet marketing. In the present paper, the role of domain name on enterprise抯 Internet marketing has been pointed out by studying the similarities and differences between domain name and trademark. And the five forms of disputes are analyzed in detail. On the base of evaluation on the domestic application and management of domain name, as well as using the experience of WIPO and ICANN for reference, some suggestions are set out. For enterprises, they should make good use of the new opportunities and attend to its trademarks on Internet. As for CN7NIC, to strengthen the corporation with international organizations, to design more suitable management system and to communicate with other departments are important.