A Study On Legal Issues Of Reverse Domain Name Hijacki

With boom in the E-commerce and the increasing in the value of domain names, conflicts between domain name and trademark logo is becoming more and more intense. In addition to the earliest cybersquatting, reverse domain name hijacking has emerged in practice. However, the current domain name dispute resolution mechanism pays less attention to reverse domain name hijacking than cybersquatting. Laws and regulation on reverse domain name hijacking is obviously inadequate. This thesis will analysis the problem caused by reverse domain name hijacking through case analysis method, inductive analysis and method of comparative analysis.This paper will focus on the constitutive requirements of reverse domain name hijacking. Considering that reverse domain name hijacking is the trademark owners and other rights holders through the complaint to to plunder domain name holders’ domain name, and domain name holders need to defend the trademark owner’s complaint. Under the conditions of successful defense, reverse domain name hijacking is possible to be found. Accordingly, this paper concludes the circumstances that domain name holders win. Due to the key element in finding reverse domain name hijacking is the bad faith of trademark owners, this paper also study the circumstances which trademark owners file complaint in bad faith. Besides the above conditions, evidence of harassment or similar conduct by the complainant may also constitute a basis for a finding reverse domain name hijacking.