| A domain name is the human-friendly address of a computer that is usually in a form that is easy to remember or to identify. E-commerce is an inevitable trend in our era, and with the unreplaceable function during surfing on the Internet, domain names are generally deemed to be the First Stop of E-commerce. With no regulations for the network environment at the very beginning when it was created, domain names disputes broke out drastically as the acceleration of commercialization of Internet, which strongly hampered the growing of E-commerce. Therefore, I selected the subject of "Legal Adjustment of the Disputes between Domain Names and Trademarks " as the topic of this paper, and hope that it will do some work to those urgent and unresolved problems.This article is completed under two main guidelines, i.e. protection of trademark rights on the Internet and restriction of the same in certain cases, and the discussions are addressed from different aspects of Trademark Protection Law, Well-known Trademark Protection Law, Anti-unfair Competition Law and Anti-Cybersquatting Law. Comparative study methods both from a vertical and a horizontal angle are adopted in addressing the development of the main domain name dispute resolution regulations and the judicial practice of resolving in the main countries of the world. Finally, according to the foregoing analysis, comments are made to the current legal regulations in China, and suggestions of improvement are forwarded further.The whole paper is divided in 5 chapters and contains about 60,000 Chinese characters. The main contents of each chapter are as follows:Chapter One: Characteristics, Nature of A Domain Name and Relations between It and the Trademark. Section One briefly describes the developing history, structure and main administrative organizations of domain names. Section Two analyzes various theories of legal nature of domain names and then poses my own personal opinion. Section Three elaborates the characteristics of domain names and the main causes of conflicting with trademarks. Section Four points out several principles which should be stuck to in resolving the disputes between domain names and trademarks.Chapter Two:Legal Adjustment of Disputes between Domain Names and Trademarks (â… )--from the Aspect of Trademark Law. This chapter is divided into 2 section. Section One points out some drawbacks of the traditional requirements of trademark infringement when they are applied to domain name disputes, and therefore concludes that development and amendment of trademark law are necessary in the network environment. Section Two firstly describes the broaden classification protection and anti-dilution protection of well-known trademarks, and then carry out case studies on how to use these special methods in domain name disputes context. Finally, this Section indicates that the said protection methods of well-known trademarks are important weapons to guard trademark rights in domain name disputes context.Chapter Three: Legal Adjustment of Disputes between Domain Names and Trademarks (â…¡)--Anti-Unfair Competition Law and Anti-Cybersquatting Law. This chapter includes two parts. Section One points out that Anti-Unfair Competition Law is applicable to domain name disputes, and at the same time that the applicable requirements of the law should be revised in the new environment. Section Two discusses the gaps between the regulations traditional Trademark Law and Anti-Unfair Competition Law carried and the cybersquatting cases, and goes ahead with the newly developing Anti-Cybersquatting Law. Depended on the comparative studies to the traditional ways, the positive effects of that new law to crack down cybersquatting are confirmed.Chapter Four: Restriction of the Rights of Trademark Owners in Domain Name Disputes. There are two sections in this chapter. The first section lists out the scenario that using a domain name would not infringe any rights of a trademark by studying fair use provisions in traditional trademark and "due holder of... |
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