Research On The Infringement Of Trademark Right In The Internet

The coming of internet era has weaken the territoriality of trademark right, leading the extension of trademark right and the birth of some new rights as domain name and causing a series of new infringement forms of trademark, such as cybersqatting, trademark infringement by link and Meta-tag infringement. The rapid development of technology causes new problems towards the existing laws. The traditional infringement theory of trademark rights needs to be developed and explained again According to the traditional protection of the trademark right, the paper discusses the huge influence to the system of the traditional protection of the trademark right under the internet technology condition, and appears many of the new infringement forms of trademark, combing with a series of typical cases.Then the paper discusses the determination of the infringement of trademark right in the internet, there into it excludes fair use of trademark; to those who infringes the trademark, according to three special infringement part (ICP, ISP and the domain register organization), the paper researches the different responsibility of infringement which they would bear. In conclusion, according to the dispute trademark right in the internet, the paper disposes the several measures about the dispute resolution, civilian ways as the special way will be researched emphatically; also the paper makes several proposals about the protection of trademark in the internet to our country.