Study On New Problems Of Protection Of Trademark Right In Internet

Internet technology and internet spaces in information era provide an attractive platform for electronic commerce, while challenge much to trademark laws. Many new sorts of disputes and conflicts evoke in using trademarks in internet, which is difficult to handle with for traditional trademark laws building in the basis of traditional commerce model, and so this thesis pointed to analyze the particular of the internet and the new problems and new appearances of internet trademark disputes, and to conclude some new principles and theories of trademark law to regulate and protect trademark rights reasonably.This thesis consists of four parts, in which the first part begins with the basic distinguishing features of internet technology and internet spaces, and furthers with the conclusion of three challenges of internet technology to traditional trademark law in extraterritoriality, technology diversity and timeless. At last of this part I lay emphasis on the process of protecting the internet trademarks according to the fundamental values of trademark law. The second part discusses the issues of conflicts between trademark rights in internet, which failed the traditional trademark law, and settles the extraterritoriality issues of trademark infringement in internet on "the market impact rule", which comes from the WIPO Joint Recommendation. Then I try to show the content, meaning and application of the rule, and resolve the internet conflicts with the ideas of co-existence of trademark rights in conflicts. The third part discusses the extent of trademark rights in internet and the doctrine of infringement. The foundational cases in internet trademarks show the expansion of trademark uses in internet, and I contend "the trademark use doctrine" to recognize the infringement and the extent of rights, which tracing back from the regulation and theory of trademark law , does well with the reconstruction and the clearance. The fourth part focuses on the compelling issue of "domain name", which I try to resolve with the above two new rules of "the market impact rule" and "the trademark use doctrine". And I differ the same and the differences of domain name and trademark, contend the individual-analysis standpoint with "the trademark use doctrine" against the three points of most scholars, meanwhile I use the "the market impact rule" to recognize the territoriality in trademark infringement of domain name.At the last, I conclude the trend of trademark uses and the trademark rights in internet, and propose the attitude and the basic standpoint of protecting and limiting, emphasizing the essence of two new rules of trademark law in the thesis.