| Web has become one of the indispensable parts of modern life. With the more and more outstanding position of the web in our everyday life, the advantage and the disadvantage of the computer have gained more attention of people. The problem of The Domain name is one of them. The Domain name as the name of a computer in the web has the basic function of discriminating the computer in the web. With the widespread use of web, the Domain name gains its business value. Together with its original function, the confliction between the Domain name in the fictitious web and the trademark in reality is inevitable. The problem such as the Cybersquatting, Reverse domain name hijacking,Trademark dilution, is the expression of this confliction, and the most important confliction lays in the confliction between the right of the trade mark and the right of the Domain name. On one hand, the right of the trademark cannot be used in the web; on the other hand, the Domain name has its own character. So there are big difference between the trademark and the Domain name. The difference lies in the aspects as follow.First, the Domain name is a technical standard, which is the outside code of the network address of the host computer in the web. So the Domain name must be globally unique. Well the trademark is discriminated by person; the difference between a person and another makes the judgment made by different person quite different from each other. So the law of trademark requires the trademark must has "obvious" distinction between each other, so as to avoid the misunderstanding of the consumer.Second, in the connotation, the reason of the requirement of the distinction of the trademark is there is possibility that different products may have the same quality. So the law permit the producer has the same trademark to different product. Well it is quite different to the Domain name. By itself, the Domain name cannot present the character of the owner of the Domain name; it can only work as the address of a web page, just as a telephone number. Third, in the management of the registration, the management of the trademark has a very close connection with the native law of trademark, and the international treaties also play important role in the management of the trademark. Well the management of the Domain name requires much less concerns from the native government, but asks for much more attention of the third part, which acts as the professional manager of the Domain name. The analyses from different aspects show the independent existence of the Domain name.On one hand, the trademark of the product or service provided by the web stands alone with the Domain name. The fame of the product or service provided by the web has no connection with the Domain name. On the other hand, the business organizations pay great attention on the dissemination of the Domain name. Especially to those web information companies, because the main means of transaction of such kind of companies is through web, so the Domain name is of much more importance than the product or service provided by these companies. Business organizations publicize their Domain name in the web to gain greater fame in the Internet. The attention of the consumers focuses on the content of the page. So the Domain name gains its business value, which is quite different from the trademark.So the right of Domain name is the right about the Domain name. The establishment of the right of the Domain name has close connection with the legal protection of the Domain name. The last but not least, after the study of the conflict between the right of the Domain name and the trademark, we will study the confliction between the trademark and the Domain name in reality. In this part, we will study the way of solving the confliction aboard. Using the way that international organization solving the problem as pretext, considering the way of our own country, we make the suggestion that will refine the system of solving the confliction in our country. The logical cons...
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