| Along with the development of electronic commerce, the conflict between the domain name and the brand name become more and more severe. Through introducing the domain name's definition, the article makes the point of view that the domain name has the character of the interest in the area of the intellectual property. Since the domain name has the interest of intellectual property, which appears under the network circumstance, it should be regarded as a kind of discriminating earmark influence different from those creative production rights, and it can be collected to a sort of intellectual property in extensive meaning.As the conflict between the domain name and the brand name is inevitable, how can we settle it? After analyzing the differences between the domain name and the brand name, the reason of the conflict between the domain name and the brand name, the main part of the conflict between the domain name and the brand name and the trademark dispute in the field of internet, the representation of the conflict between the domain name and the brand name, the author made a conclusion that dispute settlement mechanism is the best way to solve the problem, anyway it is inevitable to solve the dispute through the judicial procedure. Analyzing the results of some conflict cases about domain name that were judged in recent years, the author found that the Trademark Law, Law for Countering Unfair Competition and General Principles of the Civil Law of the People's republic of China are mainly adopted. It is incidental to have different opinions when different courts met the same problem . So the author raised a point to enact especial laws on the conflict between the domain name and the brand name. The purpose of enacting the especial laws is to better rule and purify the network circumstance. So preventing the happening of the conflicts should be deemed as essential. The author puts forward the preventative mechanism of conflict between the domain name and the brand name in the end. |
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