| The domain name, usually called network domain names, its translation is domain name in English. Its role and position is used to distinguish and locate different computes' address on the internet. Domain name is composed by several groups of decimal string. With the development of network and increasing attention in the real world, domain name should be an intellectual property and protected by law. Domain name have the role of indicating address, identity identification and telling business honor apart. Domain name and trademark have a lot in common, but also differences.The right of domain and trademark have prerequisite. The performances of conflict between domain name and trademark have domain name registered, the conflict of first registered and trademark right obtained after, the domain name conflicting with the well-known trademark, domain name hoarding behaviors. The main reason for conflicting of domain name and trademark is decided by domain name's technical characteristics.Comparative Study of legal regulation on the conflict of domain name and trademark include World Intellectual Property Organization, the United States, Japan, China's law. By the legal analysis to conflict between domain name and trademark, when the two conflict, it should be take measures according to different situations. At present, our court in case domain name and trademark disputes, mainly in accordance with "Anti-Unfair Competition Law", "Trademark Law ", "Civil Law", and the Supreme Court's judicial interpretation. The problem is the law is simple, not uniform and divorced from real life.Solving the domain name and trademark's law advices include:a clear legal nature of domain names, provisions of domain names and trademark's conflict, providing a variety of remedies. Establishing at the institutional level domain name application for registration publicity objection system, requiring the use of the system, while strengthen international cooperation. |
