Domain Name And Trademark Laws Conflict Research

As the sign of merchandise and service, the brand name is mainly applied in real world, and it needn't have related to domain name, which exists in cyber-world. However, with the upspring and outspread of the Internet as well as electro-commerce development, these domain names make surfs more and more for it has features of easy memorization and conveniently relation to Internet and so on. Merchants have begun to notice the potential trade value of the domain name. To attract consumers and extend fidelity of commerce and service on the net, they try to use famous brand names and other business signs as their website's domain name, which aims to aggrandize utilization and influence of the website. Consequently, the clashes between brand name in real world and domain name in cyber-world come out. These clashes mainly represent two forms: scratching for domain name and reversed tortuous behavior. As the gradually severity of the clashes, it has caused the attention of the fields of the law and the judicatory affairs. The article tried to contrast and research the affairs related to domain name and brand name with the method of scientific citing and analysis induction. I have read a lot of cases on clashes between domain name and brand name, lucubrated working principle of net domain name, attempted to summarize the types of clashes between domain name and brand name and the causes of these clashes, put forward several terms of how to cause tortuous behaviors when clashes comes out. At the same time, I have expatiated on these cases at length. Based on it, the article put forward preventive measurements and settlements of these clashes. Lastly, the article analyzed the law cases on how to settle the clashes between domain name and brand name in motherland and brought forward personal reflection and suggestions of how to perfect the legislation on settlement of these clashes, which I expect will exert active effect in law safeguard of domain name and will create favorable law environment in electro-commerce development.