The Resolution To The Conflictsbetween Domain Name And Other Right On Marks

The conflicts between domain name and trade mark is more remarkable and becoming hot in research companied by the fortune generated from internet. The conflicts brought by domain name do not only exist between domain name and trade mark but also in the field of trade name, name on internet and personal name. This thesis argues that domain name is intellectual property in nature by analysis of genesis and impact, and the conflicts related to domain name are those between marks, which are focusing on competition on merits from famous mark. The conclusion is drawn that the benefits of famous mark is protected only if the registration in other genus not by holders is prohibited, which results in the expansion of famous mark rights. The nature of conflicts between domain name and others is if famous mark rights could expand. The expansion is reasonable with a certain reputation; as a result the principle of resolution is limiting expansion and protecting famous mark. This thesis suggests that uniform legislation is necessary and evaluation system on famous mark should be emphasized to resolve the conflcts.