Study On The Conflicts Of Rights Between Domain Name And Trademark

With the development of the Internet globally, it is changing the manners of production, living, learning and working of the human beings by the amazing speed. The domain name which is the most critical commercial mark of the Internet becomes the new focus which many enterprises and businessmen are competing for. Driven by the commercial profits, a great amount of well-known trademarks have been cyber-squatted which infringe the exclusive right of those trademark owners, however, abusing of the exclusive right of trademark caused by the registered trademark owners infringe the legal right of the domain name owners with the goodwill at the same time; the factors above cause a series of law issues. It becomes the issues we have to face in the Internet ages that how to solve the conflicts of the rights within the legal framework and how to properly harmonize the relationship between the domain name and the trademark. This thesis introduces the meaning of the domain name briefly but focuses on the analysis of the main types and reasons of the right conflicts between the domain name and the trademark. On the basis of the experience of the abroad solutions for the right conflicts between the domain name and the trademark, it raises some suggestions of solutions on the similar domestic issues in order to consummate the regulations to settle the conflicts between the domain name and the trademark. This thesis includes four parts:Part 1The domain name is used for identifying and orientating the address structure of computers on the Internet which has the characteristic of unique,...