Conflict Between Priviliged Trademark And Domain Name And Its Solution

The rapid development of the Internet, not only have profoundly influenced andchanged people’s way of life, but also have impacted the traditional intellectualproperty system, which includes the copyright, trademark and patent. The network isa piece of the New World, bringing convenience life to the people.At the same time, itgenerated a lot of new legal issues. Commercial activities in the21st centurygradually shift battlefield to the virtual network. The development of E-commerce hasbrought unprecedented challenges to the protection of trademark. The two challengesmainly includes:Fist, how domain names incorporate into the adjustment range oftraditional trademark? Second, when the domain name violates the priviliged trademark, how to regulate and protect the trademark? The domain is known as theElectronic trademarks, especially in the moment of the rapid development ofe-commerce, how to deal with the conflict between online trademark and offlinetrademark,which is the urgent legal issues. This paper is divided into three chapters:The first chapter from the perspective of the arguement of domain name andtrademark "conflict of rights", the domain name is not an independent right has beenconcluded. And the conflict between priviliged trade mark and domain name ismainly due to the conflict of intrinsic nature of trademark and domain name, andshortage of Chinese domain name registration mechanism. Finally, the forms of confilct between priviliged trade mark and the domain name are: cybersquatting andinfringement.The second chapter from the four elements to judge trademark infringement,which are using as a trademarks, the domain name and trademark are identical orsimiliar, porduct and service are identical or similar, probability of confusion.Furthermore, some special factors should be considered in the course of determiningthe well-known trademarks. In the final，conflict between the priviliged trade markand domain name be resolved from the point of view of trademark law, it is necessaryto introduce the initial interest confusion theory, and perfect the mechanism ofChinese domain name registration.The third chapter from Anti-Unfair Competition Law to analyze the conflictbetween the priviliged trademark and domain name.Anti-Unfair Competition Lawprotection is more flexible, which means unregistered trademarks, non-well-knowntrademarks, the different categories trademark could be protected. At the same time,from the elements,which are "malicious","no pirviliged rights or proper use " and"unfair competition behavior" to clarify cybersquatting. In addition, from the point ofview of the dilution theory to regulate cybersquatting and infringement. Finally,through modifying the law against unfair competition and the introduction of thedilution theory to solve the conflict between the priviliged trademark and domainname.