Well-known Trademark And Domain Name Rights And Conflict Research

When people discuss the issue of the conflicts of rights between the well-known trade mark and the domain name, they usually discuss them by tort. There are few essays or articles really talked about the exact conflicts of the rights between them because of the vague legal position of the domain name. But the civil right of the domain name can not be challenged. Based on previous research result and by the analysis of the structure and elements of the right and definition theory, this Essay proposes that to settle the right conflict we need to analyze the internal structure and elements of the right that are the subject of the right, the contents of the right, the object of the right and its utility and the relationship between the them. Right conflicts indicate that all elements or part of its elements have conflicted from each other between the rights. Therefore different forms of right elements conflict constitute different conflict nature, which needs different way to settle. The right conflict between the well-known trade mark and domain name belongs to a kind of the right object conflict, or further, a kind of mark utility conflict. We therefore think that we could settle the conflict between the well-known trade mark and domain name according to principles of the conflict settlement addressed by the relevant theory of the right conflict. This Essay attempts to bring forward its own opinions, and to choose accordingly the relevant principles to settle and define the right conflicts between the well-known trade mark and domain name. And it also hopes that this shall contribute to the theory of right conflict and definition.