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Domain Name Registration in Use in Tort Determination

Author: YangDongGuang
Tutor: DingWenYing；LiXianFa
School: Inner Mongolia University
Course: Legal
Keywords: The use of domain name registration Similarity Malice Suggestions
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 37
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Abstract

The domain is one of the basic elements of the Internet, has a very important role, domain name disputes have become increasingly prominent, the paper mainly discusses the use of the domain name registration violations identified the main problem. The article consists of four parts: the infringement in the use of the domain name registration, domain name mainly to protect the interests of similarity analysis, the malicious judgment in the use of the domain name registration, countermeasures and suggestions. The paper first analyzes the use of the domain name registration infringement of these violations include: domain name and trademark disputes, domain name and trade name disputes, domain name, with the government and other organizations name disputes, domain name disputes, domain name disputes between and so on. Furthermore, analysis of the domain name registration violations constituent elements, these elements include: the objective facts have infringement, the fact of infringement have a causal relationship between the illegal, tort and tort damage to the facts, the tortfeasor there is no fault on the subjective and so on. The the judgment domain name registration violations key links should be the domain name to protect the interests of similarity judgment and whether the fault or malicious judgment. Secondly, the author has analyzed the similarity of the domain name to protect the interests, Hai Jiang v. Philips new case \discussed. Third, the author analyzes the the malicious judgment in the use of the domain name registration, summed up the definition of law at home and abroad \the purpose of domain name registration, domain name registration for commercial purposes, to gain an unfair advantage of domain name registration, actively hoarding or negative use of the domain name registration. However, non-commercial registered in good faith, bona fide commercial registration, based on the needs of the national public interest does not constitute bad faith registration to use. \Fourth, on the basis of the analysis in the first three chapters the author discusses the countermeasures and suggestions for resolving domain name disputes. These measures include: improving the domain name dispute resolution mechanism for conflict prevention measures sound domain name and trademark rights, trade names, corporate names are trademarks of the domain name, the implementation of real-name system domain name registration.

Domain Name Registration in Use in Tort Determination

Abstract

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