On Conflict Of Rights And Resolution Between Domain Name And Trademark

With the constant development of the commercial networking, domain names has gathered more and more attention, the definition of which has transformed from a simple computer Internet connection identification mark to represent a huge commercial value of the entity, in making the effectiveness of the domain name with a better understanding, but also emerged the conflict between trademarks of the reality world and the virtual network domain name, it is established by competition of limited commercial value, the result is inevitable.The malicious Domain name registration and its conflict to trademark have severely affected the development of the Internet and image of traditional enterprise's brand. As the result of commercial value competition and the imperfection of our current legal system, and this situation if not resolved effectively, it would hamper the normal order of our country commercial. In order to illustrate more proper methods to resolved the conflict between domain name and trademark from the root of the legal system and regulations, this dissertation uses comparison and case study method to describe the domain name with the existing trademark legal system, its conflict to trademark and solution on the basis of our predecessors at their point of view combined to summarize the relevant solutions, with a view to the field of Chinese Internet-related legislation to provide help and reference.This paper firstly described the basis of domain name and its development over years, domain name function, acquisition of domain name and the legal description thereof, and the domain name constitutes an essential element of the rights, both as the general characteristics of intellectual property rights, and other intellectual property rights of different unique aspect of the domain name and trademark rights and rights of the relatively basic types of conflict. And This paper analyzes the United States and the United Kingdom's current solution to domain name conflict, pointing out their merits, and the analysis on the conflict of current domain names and trademarks of our country settlement, pointing out the inadequacies of our country's current solutions, then put forward recommendations to perfect domain name related legislation.