Domain Name Certain Legal Matter Research

But at present because of lacks classified about the domain name question research the discussion to penetrate with difficulty. In reality, the registration domain name does not use waits for a better price can create the resources waste. Because the ordinary domain name does not have the goodwill to be possible to say, therefore about the establishment domain name right question, should only aim at the famous domain name. Which domain rights and interests in the domain name has used or the domain name is used by which domain rights and interests, then which domain right nature this kind of domain name does have.In the multitudinous scholars about in the domain name question research results foundation, we discusses the nature to propose the domain name power essence is the goodwill power, the utilization case analysis method, summarizes the domestic and foreign practices, proposed the legal relief concomitance right benefit production produces the principle, the expanded protection well-knownness principle, respects other people first right the principle is solves the domain name the basic principle which conflicts with during other rights. In order to protects in the existing legal frame to the famous domain name rights and interests. This article altogether divides into five chapters:First chapter: Domain name concept and characteristic. In the mechanism analysis produces which from the domain name proposed the domain name core value lies in its marking, the famous domain name has the huge commercial value because of its marking significance, thus can have the benefit conflict. If the domain name pure achievement website, not unites directly with the commodity or the service, cannot confuse the commodity or the service origin, also cannot and the trademark recognition function has the conflict. From the technical angle, the domain name is the computer in the network addressing localization marking, aims at the specific homepage. Simultaneously gets up the commodity or the service function which on the discrimination homepage demonstrated, thus relates with the goodwill with the image. In the famous domain name forming process also congealed the domain name use artificial public to provide the work which the good service, the setting up good prestige and the image paid. At the same time, the domain name is one of network service provider goodwill carriers, therefore, protects the famous domain name to be also advantageous to the protection society public benefit.Second chapter: About domain name nature inquisition. This part introduced had the research results about the domain name nature theory, take this as the foundation, we proposed, the domain name power essence is the goodwill power. In reality, the intellectual property rights legal principle brings the typological insufficient question and the domain name value high growth fact is extremely uncoordinated. Here we chat the domain name value to have the high growth potential with emphasis. The domain name (domain name) is on Internet represents the different website main page one kind of network address, on the surface it is by the letter, the numeral, connects Fu Heshi an institute to be composed, but in the essence it represents in the enterprise network the image and the goodwill commercial marking mark. The domain name reflection is on the net the commodity and the service provider strength and the prestige, the relation is the website operator and the network visitor, must through good methods and so on commodity or service, massive propagandas enhances own brand value. The domain name contains the huge commercial value in the Internet space, is prevented the enterprise brand image even enterprise benefit the loss, takes and protects own domain name to be extremely important. The domain name transfer monetary value was showing this point. The time flourishes more and more daily which in the electronic commerce, the domain name establishes the new marketing position for the enterprise in the cyberspace cyberspace, whether attracts through the domain name the consumer to the electronic commerce website comes up, is the enterprise network marketing success or failure key. At the same time, when the trademark and the domain name unify when together, the domain name correspondingly has also obtained the trademark in the real life value, it is away from very near with enterprise's production and the sale, it is undertaking the enterprise and the product in network goodwill, also is enterprise's non visible property, can bring the huge economic interest to the enterprise. In to the intellectual property rights, specially to the trademark, in company power reconsidering, we believed that, to the trademark, company's protection essence is to the goodwill the protection and to the consumer right to know protection. The domain name and the company use the goal all is in order to obtain the goodwill, the registration domain name does not use the behavior which waits for a better price to be able to create the resources waste, therefore may put aside temporarily to the non-famous domain name.Third chapter: The domain name should have the right with to really have the right dialectically. And may foresee after that the network localization technology facing the domain name to have the legal framework impact, we must reconsider should have the right with to really have the right dialectical this proposition, is clear about the legal idea, is following by the legal relief the principle which the right benefit production produces protects the famous domain name the rights and interests.Fourth chapter: Solution domain name and other right conflict principle. This chapter utilizes the case analysis the method, proposes the solution domain name and the trademark company conflict basic principle: First expanded protection well-knownness principle. Namely has the conflict when the famous trademark and the ordinary domain name or the famous domain name and the ordinary trademark, first protects the famous trademark or the famous domain name. Say in view of the ordinary trademark and the ordinary domain name, because they do not belong to the similar commodity and the service, therefore may use separately in the different domain, is suitable in the identical domain model of domestic virtue occupies the principle first. The expanded protection well-knownness principle, is must the instead famous trademark desalination simultaneously protect the famous domain name. Proposed the expanded protection well-knownness principle practical significance lies in solves the good domain name to kidnap the question reverse, protects the good famous domain name. In this aspect, although still did not have the legal rule, but has in some practice legal precedent. The domain name kidnaps to involve is reverse domain name all people registers first after the domain name, the trademark applies for the talented person take the domain name which already saves as the object application trademark (this situation already to exist, quite famous domain name souhu.com, Yahoo! and so on all once are snatched likely by other people note for trademark)."The domain name is likely your postal service address, is likely your medal of honor, is likely the notice board, these all entirely are coiled a fragrant digital the corn meat patty. Looked from the commercial angle that, everybody wants to nip one."Second, respects other people in first the right principle. Under same level well-knownness condition, if has the evidence to prove each other the time disparity is successively big, may be suitable occupies the principle first.