Conflicts And Solutions Between Domain Name And Famous Trademark

Based on Septwolves trademark and Lai’s domain name, Septwolves industry Limited by Share Ltd and Septwolves Group Co. Ltd. filed a lawsuit. The court of first instance did not verdict infringement, but the court of second instance verdict infringement and10000yuan compensation. Solutions between domain name and famous trademark is very important for the balance between the holders of domain name and famous trademark, and it can keep a fair and competitive market. Through careful analysis of the case and our existing legal system, this paper arrives at the conclusion:The focus of this case is whether the domain name infringed the famous trademark; Forms of conflicts between domain name and famous trademark include Domain name registration, domain name warehousing, reverse domain name hijacking; The reason of the conflicts include shortage of conflict solving system supply, the difficulty to solve the conflicts of domain name and famous trademark, the interest driven mechanism. Compare to The foreign advanced theories and models, this paper puts forward the Legal Countermeasures, namely the principle of good faith, the interest balance principle and anti dilution protection principle, perfect CNNIC solution model, pay attention to the famous trademark anti dilution protection, make "The anti dilution of famous trademarks law", strengthening the cooperation and propaganda between administrative organs, establish the full range of protection mechanism.