The Conflict And The Coordination Between Domain Name And Trademark

Along with the development and application of internet and electronic commerce, the conflict between domain name and trademark has cause for concern, this also brought a new challenge to the legal profession. Although the confliction between the trademark and the domain name has been in existence for a long time, because of the character of the web, the vacuum of regulation of the fictitious web space has come into being. It is influenced by the country and the society, to the fictitious web space. In the study of previous years, the scholars have gained a lot about the legislation in the fictitious space. The concepts such as E-Business Law,Cyber Law, has come into being. These make the relationship between the internet and legislation closer. From the legal point of view, this paper discusses the analysis of the causes of conflict and the performance between the domain name and trademark, a number of legislative proposals on this basis. China hopes to improve this legislation has lagged behind the adverse situation, our mechanisms for dealing with conflicts between domain name and trademark should be converge with international practice, adopt a positive approach to the traditional legal system to deal with the impact of the internet economy, and promote the healthy and orderly development of the network economy. The reasons of the conflict between domain name and trademark comprise of the process of commercialization itself, the respective characters of domain name and trademark, the respective registration and administration policies, etc. and the conflict can be resolved both judicially and non-judicially. Present cases mostly represent the infringement of domain name on trademark. The emphasis of most countries is accordingly on protection of the rights and interests of the trademark holder. In developing the resolutions to these cases in the courts of our country, the largest obstacle is the missing of legislation. In early times, courts applied laws quite differently. Nowadays, practically, there is consensus, based on the judicial explanations from the Supreme Court. However, China is not a common law country, we need some kind of legislation. Moreover, it is not the rights of the trademark holder that needs to be protected, the lawful interests of the domain name holder needs also to be protected.This article consists of introduction, text and conclusion component. The text is divided into three parts:The first part focuses on the causes and the patterns of conflict and between domain name and trademark. In the elements, the management of domain names and identification functions, domain names and trademarks are closely linked. Meanwhile in the regional, the uniqueness, the basic principles of classification, labeling functions, the principle of registration and access, there are distinct differences between the domain name and trademark. The conflict between domain name and trademark has both the objective and subjective causes. The lack of existing laws, trade mark in one region and the global domain name, the uniqueness of the domain name and trademark protection, domain name and trademark constitute a conflict of objective reasons. The subjective reason is the interests. The conflict between trademark and domain name has different types, specifically for the following four types: cyber-squatting, domain name and trademark similar coincidence, reverse domain name hijacking, dilution of well known trademark. Cyber-squatting is the most common conflicts between domain name and trademark, it is the focus of all countries in the world. Cyber-squatting can be divided into the following two types, one is to use the fact for their business, and the other is to sell the domain name and the fact that the profit. Research also should understand the legal significance of the domain name and trademark conflict, not only to protect the trademark and should protect the rights of the domain name, this is just a legal requirement. As the network economic development and the protection of the public domain must be familiar.Part Two: In this part, the disputes of the domain name and trademark are comparatively analyzed, comparing the methods of domain name and brand disputes in China and international circle, i.e. NSI,ICANN,WIPO, United States, Japan and Taiwan. In general domain name and brand disputes in many countries are immature and need to be perfected. However, since the internet originated in the United States, so many things that the United States has a great impact on China and even the world.The third part discusses the legal perfection of conflict and coordination between domain name and trademark issues. Through the above exposition, we can see the existing normative documents regulating domain name registration and related to the protection of trademark rights in the existing laws and regulations. And there are many shortcomings. The domain name and trademark is necessary to give a round of the problem of conflict, from the following aspects to find ways to coordinate domain name and trademark: First, the "Trademark Law" in the protection of registered trademarks, trademarks confined areas of trademark protection can be extended to the field of domain names. So the fact that the domain name "trademark" adjustment is difficult to find any direct basis. "Anti-Unfair Competition Law", which was called intellectual property "transparency", when the trademark is no explicit requirement, applies the "Anti-Unfair Competition Law." Along with the development of these two laws should be appropriately amended and improved, it can better coordinate the domain name and trademark conflict. Second, improve the mechanism for resolving domain name disputes; improve the domain name registration process, through the establishment of relevant mechanisms, technically resolve domain name disputes. Third, the coordination of the domain name and trademark of the conflict in special legislation, formulate development of the Internet domain name law. This is one of the issues in recent years theorists made more discussions. According to the national conditions of China and we should learn from the advanced international experience properly.In short, the domain name is a new product with the arrival of the internet era. The conflict between domain name and trademark exists objectively; it is a very complicated issue. The mechanism of the coordination is still at an exploratory stage. There are no absolute country boundaries in the internet, which is a fictitious space that is based on the real world and exists outside the real world. Almost every country tries to assert the virgin land, and gains the leading position to benefit itself. We should improve the unfavorable state in China that the legislations is tagging behind relatively, to make the resolution on the conflict between domain name and trademark consist with international mechanism, to treat the effects that internet economic lashes out at traditional law positively and to improve on the internet economic development healthy and orderly.