Domain Name Research, And Trademark Laws

The emergence of network domain name is a new thing but conflicts greatly with present law. Because of the close relationship between domain name and brand, conflicts between them are many. In the past years, the domain name of many brands of famous corporation were registered by others, which made them lose the good chances to show themselves and caused much economic losses. Why does such situation exist? What is the legal relationship between domain name and brand? How to efficiently guard and solve the problems between them? These are the main questions researched in this paper.Due to domain name problem is a new thing, this paper introduces some basic questions of domain names, including definition, forming, role and meaning of domain name, indicating it has some functions of brand and attracts attention of people due to its business role. In order to weaken competition rivals, some people uses other's brand as their own domain name. Some people even make money by registering domain names of others and sell them. As for the register and management system of domain name, the popular way in international community is "earlier application, earlier register" but not substantial review on domain name register. Therefore, it is very easy that the domain name of many brands of famous corporation were registered by others, which is also an important cause of many domain name conflicts.This paper points out that the nature of domain name is a kind of intelligence property. Domain name and brand have many similarities and substantial differences. As for the relationship of Domain name and brand, using other's brand to register domain name does not infringe brand monopoly duly. If domain name register has not any earlier rights toward this name and arise the confusion, he maybe infringes brand rights and forms improper competition. If the domain name registered is the resound name of others, no matter whether confusion is made, the resound brand is infringed. As to those use other's brand as their domain name on evil purpose, new tort constitutionshould be regulated: as long as domain name registering is similar with registered brand with bad faith, common brand tort is composed. In a word, using other's brand as their domain name is forbidden. As to the brand register of domain name and brand ban of domain name, brand register of domain name should comply with brand law and using other's brand as their domain name should be forbidden upon conditions.Domain name and brand disputes are comparatively analyzed, comparing and referring the methods of domain name and brand disputes in our country and international circle. In general domain name and brand disputes in many countries are not mature needed to be perfected. Due to internet origining from USA, the means of USA influence China and the whole world much.On the basis of analysis of relationship between domain name and brand as well as domain name and brand disputes research, the paper makes the conclusion: using other's brand as their domain name on evil purpose and resound brand should be granted special protection. Using other's brand as their domain name should be forbidden upon conditions. Domain name register system should be improved. Single domain name system should be constructed and domain name register should be substantially reviewed to decrease the domain name conflicts .Special domain name law complying with our national condition should be put out to supply perfect judicial origin for increasing domain name conflicts judgment.