On The Domain Name Field Of Trademark Protection

Domain names are memoriable internet address corresponding to IP address . With the development of internet and electric business, the number of registered domain names are rising rapidly,also is the commercial value of them.The conflicts between domain names and intellectual property .especially those between domain names and trademarks have become a serious legal problem.Rresearchers have different views on how to keep the balance between trademark right and domain name right,and how to prevent,reduce and resolve the conflicts.The essay has tried to discuss the above issue from the angle of trademarks' protection.The reasons of the conflicts are much complicated.The main reasons exist in the following aspects:the distinct differences in characteristics and registering system of domain names and trademarks, the lacks of coordination between them,and the delayed legal system at present.AU of the above make the conflicts inavoidable.Among the acts of registered domain names infringing upon trademarks, Cybersquatting acts are the most popular ones. When we determine whether it is a cybersquatting behavior ,we should consider the facts of the victim,the registered domain name number,and the registrants' intentions .And we should make a judge based on "trademarks law"and "anti Unfair Competition Law".The another kind of torts is that domain names registered for use infringe upon trademarks.To this kind of torts,the judge should be made according to whether the trademark being an ordinary trademark or an famous trademark. The ordinary trademarks should get limited protection however the famous ones should get special protection. Thus,the infringing conditions of the two kind of trademarks are different Correspondingly. In general, trademarks'protection in domain names space should mainly consider the facts of the registrants' intentions and trademarks'characters.It has been an urgent need to prevent and resolve domain names and trademarks disputes effectively.In order to prevention, We should make domain name registrants build and perfect registering contracts with the registering organizations .And there are two forms of resolution to the disputes.One is through legal proceedings,the other is through non-legal...