The Conflict Between Trade Mark And Domain Name Privileges And Legal Remedies

With the rapid development of Internet technology, e-commerce has become the global market economy development opportunity. The development of the Internet and e-commerce to human life more convenient and new development opportunity at the same time, new conflict and contradiction, which are also increasingly domain name and trademark appeared especially prominent, the conflict between conflict not only become obstacle to the development of network economy. But also to law, especially the intellectual property legal protection system with unprecedented challenges. Based on how to recognize the domain name and its characteristics in e-commerce, how to correct establishment of domain name and trademark, and through the relationship between the reference domain name and trademark disputes and the solutions to perfect our country's legal protection system of the domain name consideration, this article makes a beneficial exploration。Paper is divided into five parts:The first part, this paper expounds the connotation of the domain name and trademark, function and the relationship between the two, especially emphatically analyzes the domain name and the legal attribute of name-right, both for the next legal characteristics, which lay a theoretical foundation for the legal protection.The second part, discusses the trademark and domain name those conflicts between the specific performance, analyzed the causes of conflict, so that the legal protection for the next ideas.The third part of the United States and the international organization analysis between trade mark and domain name privileges and its right to remedy the solution are introduced, and the United States, the world intellectual property organization on the domain name power conflicts solving mechanism, to investigate the significance of the legislation in our country.The fourth part, analyses between trade mark and domain name privileges in China, this paper discusses the solution method about consistency and trademark name-right solve the conflict for the next step, the mechanism of legislation proposals to lay the foundation. The fifth part, combined with the analysis of the former part, pointed out that our country name-right introduced the legislation defects, and relief to the improving Suggestions.