The Analysis Of The "Bad Faith"Determination In Infringement Upon Domain Name

The focus of dispute is that whether Liuweize registered " royalcanin.cn " is with legitimate reasons or not. And when he did this, whether his subjective manner is with malicious or not. The article chiefly points at the phenomenon of infringing the right of trademark by registering domain name maliciously. Through anglicizing the tort that registering domain name maliciously doing to the right of trademark, the way to determine "bad faith" will be studied intensively combining with interfacing legislation. We are aiming to make obliges discovering problems timely and take reasonable measures to protect their rights by discussing the meaning of "bad faith" and its determination. The article will also discusses the disadvantages in legislation and administrative supervision. In the end, provisions obliges can take to protect their rights will be listed.This article’s key point is summing up the enlightenments and experiences we can learn from the trying process and the final decision of this case. What’s more, by studying the protection and relief of trademark deeply, we should improve our determine standard in justical practice.The thesis includes three parts:the preface, the text and the conclusion.The preface introduces the development and the significance of protecting of intellectual property. Meanwhile, the reason that the thesis comes out will be summarized.The text part is a subject of the thesis. It includes the review of the case, the focus of dispute, and the discussion of the issues involved. The text discussing problems surrounds the disputes and its relevant legal problems. From angle of academic study, according to the relative rules of domestic and international law, summarize the advantages and disadvantages of the existing rules of law about cyber squatting domain names infringing upon trademarks, expound the views and purposes about some difficult problems, in order to establish the legal system of cyber squatting acts suitable for the condition of our country.The conclusion part is the brief summaries of the articles.