The Defense Of Domain Name Holders In Reverse Domain Name Hijacking

The commercial value of domain names lead to the rapid growth of "Reverse Domain Name Hijacking", so it is necessary to protect the rights of domain name holders without delay. As trademark owners only take a limited complaints responsibilities for their abuse of right, reverse domain name hijacking cases intensified. At present, our country law has not yet to define reverse domain name hijacking. Judicial practice of the courts usually make decisions in favor of the trademark holders. Starting with the existing domestic judicial cases, and combining with WIPO cases related to Reverse Domain Name Hijacking , this paper discusses the defense of the rights of domain name holders, and suggest perfecting the relevant legislation of the reverse domain name hijacking.This article is written by the Induction-analytic method, case-analyting and comparison-analysis and other methods. Article is divided into three chapters as the introduction, the body and the conclusion. Chapter One is the definition of reverse domain name hijacking and its classification. Chapter two is combined with domestic and abroad related laws and cases. It analys the defense of domain name holders'right in reverse domain name hijacking deeply. Reverse Domain Name Hijacking is the malicious use of the trademark holders's rights from the dispute resolution, to snatch the domain name owner's rights. This arctical summarizes the domain name holders's defense in Reverse Domain Name Hijacking as the following 4 types: defense for the owner of the trademark's protection of civil rights is not a valid, defense for the domain name or trademark is not the same or confusingly similar, defense as he domain name's holders have the legitimate rights ,and defense for the standard of subjective malice. The chapter three analyzes that it is necessary to complete the law of reverse domain name hijacking , to learn on relevant legislation and the experience of international organizations and major Western countries, to combine with the lack of judicial practice and the situation of legislations, then sep up domain name protectic law system. Our contry should establish and complete the law of the reverse domain name hijacking's definition ,of the rational use of trademarks, of protecting well-known domain names, of the subjective malicious's criteria, of the compensatory and punitive damages mechanisms in the reverse domain name hijacking So that it helps the people of court settle cases of Reverse Domain Name Hijacking correctly, it helps improve the protection of rights of domain name holders, it helps balance the value of rights'holders and develop information industry.