Study On The Conflict Between The Domain Name And Trademark Rights

The rapid development of Internet, make the business activities of increasingly close relationship with the Internet. Domain name as a network address code, business logo and been highlighted the role widely recognized by enterprise and individual. People are more and more aware that in order to get more network domain market share must beat registered domains. The wholesale use of domain name, make its and the traditional intellectual property economy created conflict, especially the domain name and trademark rights conflict particularly outstanding. In this paper, the comparison and the case analysis method, from the characteristics of both the reasons of conflicts, with analysis of the performance of the conflict, and strive to find solutions to domain name dispute method. On the basis of former with his view sums up the related solutions, in hopes of intellectual property law system of our country related reference and help for content, so as to solve more actual conflict.This paper is divided into five parts. The first part of the domain name and trademark literature review. The second part of the domain name and trademark the paper, from the domain name and trademark of the concept, structure, features, attributes and methods of rights obtained, the domain name and trademark of comparison, concludes the differences and relations between them. The third part of the domain name and trademark of conflict, and expounds on the domain name and trademark of difference and contact, the analysis of the domain name and trademark the internal and external conflicts, further analysis domain name and trademark conflict forms, that is a domain name and prior trademark registration conflict, prior domain name and the registered trademark of conflict and the new type online conflict. The fourth part about the domain name and foreign its conflict of legislation, administration and jurisdiction from abroad two aspects, legislative situation analysis. Administrative policy mainly include the world intellectual property organization of the final report, of ICANN’s "uniform domain name dispute resolution policy’ and so on; Judicial policy mainly including the United States, the federal trademark dilution method "the domain name consumer protection laws", especially the consumer protection against domain name, there are many worthy of reference experiences, and also summarizes the Germany, Britain and Japan the present legislation. The fifth part of the domain name and solve its conflict countermeasures, and summarized the present legislation in our country, this paper analyzes the deficiency of the current law policy, and puts forward some solutions to the domain name and trademark principles that should be followed by the conflict, and puts forward the method of solution to the conflict, that is, perfect prevention mechanism, perfecting the judicial system.