Internet Domain Name Disputes Case Are Analyzed And Relevant Solutions

With the popularity of the Internet, the domain name dispute in our country has gradually become an issue of concern. The domain name is not only the main content of the protection of enterprise intellectual property rights strategy but also the organic component of enterprise IT application. A well-known domain name contains tremendous social wealth.Because of this, many people will register well-known trademark into domain names and the well-known domain name as trade name, which brings a series of social disputes. These disputes are caused either by vicious infringement or by the conflicts between powers.Therefore, with the development of society, the domain name dispute also becomes very complex. At present, our central task is to crack down all kinds of vicious infringement to protect the legitimate interests of proprietary, and establish solving mechanism of conflict between domain name and existing intellectual property rights to reduce the conflict of legal rights. The current law on intellectual property protection in network is insufficient. We should strengthen the network intellectual property rights protection legislation, improve the network intellectual property protection mechanism, improve the citizens network protection of intellectual property rights, legal consciousness, strengthen the protection of network intellectual property.Based on the"19floor" case analysis, this thesis tries to elaborate the proposal of the domain name dispute. The details are discussed as following:The first part is mainly to introduce the case. The cause of the case, the fact of the case and the controversy of the case are elaborated in detail.The second part is the analysis of the focus of controversy of the case.This part analyzed the conception of domain name, the definition of the infringement of domain name, the confirmation of the behavior of vicious infringement as well as the solution of the right of domain name and the trade mark privileges.The third part is the reflection caused by the case. This part analyzes the legal status of the right of domain name and also suggests that the anti-rush registration should be established, exclude procedures should be introduced and clients are encouraged to make use of the advanced Dispute Settlement like CNNIC to solve disputes.