The Conflict And Resolution Between The Domain Names And Trademarks

Internet is based on communication and computer technology and is forminginto a global, open and linked net space, which enormously changing people’s lifeand global economics, politics and law. In virtual world, domain names are just likethe names of our real life for people to identify. With the booming development ofthe Internet and rapid progress of E-commence, domain names are becoming moreand more valuable in business world, which also triggers the conflicts betweentrademarks of real world and domain names of virtual world. This is an inevitableconsequence fought for the limited business value.Many traders in the development of E-commence websites based ontremendous potential of their trademarks, trade names or other well-knownenterprises without the trademarks, trade names as own domain name registration,used to increase economic and social influence, attracting more consumers. Themalicious registrations of domain names, domain names hoarding behavior andreverse domain names hijacking severely influence the right order of business. Thelack of necessary link and unification of standard system leads to the constantconflicts between the domain names and trademarks recent years.In order to solve the conflicts between domain names and trademarks fromlegislation and policy system, this article uses the methods of comparative analysisand case analysis to demonstrate three chapters on the legal issues of our domainnames and trademarks rights of conflict. The introduction part uses the current development status of the domain names in our country as a start to illustrate thefocus of this study and significance. The first chapter is an overview of the domainnames and trademarks, which introduces the meanings and characteristics of thedomain names in three parts that are the concept and the characteristics of the legalnature of the domain names and trademarks. The second chapter is mainly analysisthe types and causes of the conflicts of domain names and trademarks from theirrelationships and differences. The third chapter proposes the resolution to solve theconflicts between domain name and trademarks. According to research onInternational treaties and practices and developed countries resolution mechanism ofconflicts of rights of domain names and trademarks, removing the dross whilekeeping the essence, so that we can improve our resolution mechanism of conflicts ofrights, pointing out that the shortcomings of current solutions, combined with my ownpoint of view to put forward recommendations to improve the legal system of thedomain names in China, in order to provide new ideas for our domain names andtrademarks and other intellectual property protection. Conclusions are based on acomprehensive analysis of all the parts above to summarize the main point of thisarticle and make my own advice upon this.