Domain Name Registration In Use In Tort Determination

Domain name as the Internet, is one of the basic elements, the important role of domain name disputes about has come to the fore, this paper mainly discusses the domain name registration in use in tort concluded that this a major problem. The article consists of four parts:the domain name registration in use in tort, domain name and main can protect rights of similarity analysis, the domain name registration in the malicious judgment, use countermeasures and Suggestions.It firstly analyzes the domain name registration in use in tort, these tort mainly includes:domain name and trademark disputes, domain names, domain name dispute with the firm with government organizations, such as domain name and the name of the disputes, the disputes, domain name dispute between etc. Then, analyzed the domain name registration use tort constituents, these elements include:to infringe objective facts, tort facts have illegality, tort and infirngement causal relationship between facts, tortfeasor subjectively existence fault, etc. Judge domain name registration use the key link of copyright infringement should be the domain name and protect the rights and interests of the similarity with fault namely judgment and whether the judge malicious.Secondly the author also analyzes the main can protect rights domain name and the similarity of "JiangHaiXin v, philips case" was analyzed, and the similarity of consistency or confusion whether earlier rights similarity, lawful, scope of operations analogue are discussed in this paper. Third, the author analyzes the domain name registration in use, at home and abroad are summarized malicious judgment of "malicious registration laws related to the definition of domain name registration, the author thinks that the main criteria including malicious to damage the reputation of others, the normal business or damage others for the purpose of domain name registration, for commercial purposes domain name registration, seek improper benefit for the domain name registration, negative or positive hoarding the use of domain name registration, etc. But, well-meaning non-commercial registration, well-meaning commercial registration, based on the needs of national public interests as registered for use does not constitute a "malicious".Fourth, in the first three chapters and based on the analysis of this paper dissertates solve the dispute of the domain name countermeasures and Suggestions. These measures include:perfect domain name dispute resolution mechanism, perfecting the domain name and trademark rights conflict prevention measures, shops and enterprise name of the trademark is changed and domain name, implementing the domain name registration system, etc.