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Conflict and resolve of the well-known trademark and domain name

Author: DongJingBo
Tutor: ShiJianZhong
School: China University of Political Science
Course: Economic Law
Keywords: Famous Trademark Conflict and Solution Domain name Trade-related intellectual property rights agreement Trademark owners Anti - dilution protection Relevant public New Trademark Law Trademark Protection Paris Convention
CLC: D997
Type: Master's thesis
Year: 2002
Downloads: 337
Quote: 1
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Abstract

The current development of the Internet and e-commerce domain has important commercial value. The well-known trademark is a powerful weapon of the competition in the market, and are subject to special protection. Therefore, the domain name with a well-known trademark conflicts become an important issue. How to balance the interests of both the domain name conflict with the well-known trademarks, is the purpose of this writing. This paper tries to start from the analysis of existing domain names and well-known trademark legal protection system, compare the approach of this issue of the world's major countries in order to identify the deficiencies of the existing management system and put forward their views and suggestions. Help and inspire hope for resolving domain name and well-known trademark protection of this problem. The thesis is divided into three chapters. The first chapter is the overview of the legal system of well-known trademarks. In this chapter, the first to introduce a number of major national and international conventions on the protection of the well-known trademarks. The well-known trademarks, generally enjoy a high reputation in the domestic and international markets, higher credibility, and the considerable range of consumers familiar. In order to establish and maintain the reputation of their trademarks, trademark owners to pay more effort, the well-known trademarks of the international community should be different than ordinary trademark protection, in order to protect the legitimate rights and interests of the owners of well-known trademarks. Protection of industrial production and the agreement on trade-related intellectual property rights (TRIPS) of the Paris Convention (PARIS Convention) are given special protection of well-known trademarks. Paris Convention to protect unregistered well-known trademarks, trade-related intellectual property rights agreement to extend the protection of well-known trademarks to the different types of products and services. Second, the article describes the protection of well-known trademarks in China, including the following: first, the well-known trademark. In the well-known trademark, China and Trademark Office and the judiciary identified. Standard on the well-known trademark, China's new trademark law provisions, Article 14 of the Trademark Law of China stipulates: \However, the provisions of the duration of use; (c) the trademark advocacy work duration, extent and geographical scope; (d) of the mark as well-known trademarks protected records; (e) other factors that the trademark is famous. \still not perfect places, such as the concept of relevant public, so the need to further clarify. About the premise of well-known trademark, our new trademark law known trademarks registered and unregistered well-known trademark protection. Second, the protection of the well-known trademarks. Including two prohibit the registration and use of well-known trademarks identical or similar to a trademark, registered trademark revoked. Third, a well-known trademark protection and anti-fading. This article first introduced the United States Anti-Dilution Act, then the anti-dilution protection of well-known trademarks in China. Trademark Law of China has not clearly defined, but the Trademark Law Act bar and the judicial interpretation of the Supreme Court, reflects a certain degree of anti-dilution protection on Famous Trademark Dilution. I believe that, the provisions Antidilution trademark law. The second chapter is a well-known trademark and domain name conflicts with reason. First, the legal characteristics of the domain name and trademark. Domain names and trademarks have similarities to identify and intangible assets. However, the domain name with the China University of Political Science and a master's degree thesis, well-known trademark and domain name conflicts and solve 11.1 a J a triple with the trademark to distinguish the characteristics: First, the uniqueness. Phase 1 Division or similar trademarks in different countries or regions as well as the soil in the different categories of goods by different people at the same time, the domain name is absolutely exclusive, only on behalf of a user. Domain this is absolutely unique, inevitable and trademark relatively I only households Second Health conflict. Two fly significantly. Trademark image _{<< / sub> sub> Ren} has significant user can be such a significant shape characteristics trademark distinction. The domain name is different is that it's just a simple string, not significant. This feature of the domain name to make it seem more force scarcity \people use the Internet and the creation of network addresses and e-mail address identification marks caused by these features of the domain name to domain name registration may conflict with others trademarks and giving rise to legal disputes. Secondly, this paper analyzes the well-known trademark and domain name conflicts upcoming well-known trademark is registered as a domain name. This move conflicts, including the two cases. squatting well-known trademarks, namely the use of the network awareness of others indifferent and institutional ₁ two vulnerabilities, are registered trademarks of others large quantities of Chau) J, hoarding of goods on, up for grabs, transactions transfer. to another reasonable cybersquatting. like its performance squatting, difference in that cybersquatters to use. This type of situation is more complex, of the same provisions and practice, including the factors involved in the earlier well-known trademark status, the impact of using a domain name, the public confuse the extent a result of the well-known trademarks in the country concerned different levels of well-known, some well-known trademarks ijJ to get protection, and some well-known trademark was registered as a domain name can not be protected by law the mountain different degree of protection in the country most likely to lead to full L} Fun and litigation. because of the well-known trademarks with different types of domain name conflicts, so well-known trademark and domain name conflicts to solve the problem is more complex, according to the specific conditions, the balance of trade mark rights and the rights of domain name owners from} Chapter is a domain name and well-known trademarks comparative law study conflict resolution first part involves the domain name dispute with the well-known trademarks. C.1 first introduced the practice of the United States, the United Kingdom and Japan. Agriculture of America's most Ah D. U.S. well-known trademark and domain name dispute resolution methods , including The domain registered institutions N 51 rules, government policies, judicial practice and legislative practice.'' flying liiJ ', conflict of laws of the United States handles domain name with the well-known trademark}: to have anti-domain occupation of the Consumer Protection Act \\/ sub>. IC NN \the domain names in China well-known trademark conflict management system of the status quo. country?

Conflict and resolve of the well-known trademark and domain name

Abstract

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