On The Conflicts Between Domain Name And Registered Trademark

In resent years Internet development is rapid, as the achievement of the new technology revolution-the domain names promoted the development of the Internet, but also bring problems. About the domain names everybody knows different. This paper discusses the concept and characteristics of domain names. Through comparative study between domain name and Intellectual property, the author thinks the domain names should be regarded as a new domain of intellectual property. The causes of the dispute between the domain names and the registered trademark contain the uncertainty of the legal nature of domain name,the imperfection registration management system of domain names and trademark imperfection and related laws and regulations. Perfecting the conflict of the domain name and trademark rights prevention and resolution mechanisms should be follow the principle of the balance of interests,the principle of prior right, the principle of special protection to well-known logo, and implement the system of objection,extension of domain name.The existing relevant laws should be perfect, amend. Also domain name and trademark conflict solution should be diversified, make sure give full play to negotiate, arbitration, CNNIC and litigation way role.