The Conflict And Solution Among Trade Mark, Trade Name And Domain Name

The paper is based on case, state the conflict among the trademark, trade name, domain name which happened in judicial practice, then analysis such case .In order to give The Modern Enterprise some enlightenment to protect their intellectual property. This paper is divided into three parts, the first part mainly introduced the trademark, trade name, and domain name related concepts and domestic legislation. At present, comparing with the protection of trademarks, the law about the protection of trade name and domain name is not enough.The second part introduced the conflicts among trademark, trade name, domain name. The conflicts between trademark and trade name are divided into two kinds of situations, one kind is the conflict between trademark and earlier trade name, another kind is the conflict between trade name and earlier trademark. The trademark and businesses conflict cases, tort judgment standard need to consider these elements, include whether exists prior rights, and if prior right has a higher visibility ,finally whether it cause confusion.The third quarter introduced the case of conflicts between trademark and domain name, Beijing SGC information Co., LTD register DuPont as the domain name, which is a famous trademark. From this case, we knew that our country still has not law about domain name–right. The law does not protect all domain name which contact with the trademark. But because of well-known trademark, the world and the relevant international treaties and organize all think shall be given special protection. The behavior that register Others' trademark as the domain name can be considered as unfair competition when it consistent with the legal regulation.The fourth quarter introduced the conflict between the domain name and trade name, the case was involved the first situations that the trade name infringe the domain name. Registered others trade name as domain name, assault the right of trade name of the earlier rights owners. There is not stated the right of trade name in China's legal system. The third part discusses how to prevent and solve the conflicts among trademark, trade name, domain name. The topic of the first quarter is the solution of conflict between trade name and trademark. It introduced the legal approach and the measures to solve the conflict. From the perspective of enterprise, the integration of trademarks and trade name is the way to protect the intellectual property of enterprise. At the same time, it is necessary to perfect our current laws, including the laws of trade name and anti-unfair competition law, strengthen intellectual property compensation system construction. The main topic of the second quarter is solutions of how to solve the conflicts between trademark and domain name, including four aspects: the principle of resolution conflict; Prevention measures of conflicts between trademarks and domain name; register the trademark as domain name ; Will a well-known trademark protection extend to the domain name. Registered the domain name as trademarks, this practice is not mature in the judicial practice in our country, but we can perfect the execution to supporting this protection act. The theory of expand the scope of domain name to well-known trademark protection, has roughly reached agreement in practice. The conflict between the domain name and the trade name can consult the resolution of solve the conflict domain name and trademark, in order to reduce the conflict.