1. What are the common domain name and trademark disputes

1. The contradiction between the uniqueness of domain name subject and the plurality of trademark subject. Due to technical limitations, on a global scale, the domain name is absolutely unique, a domain name can't be composed of multiple all people enjoy at the same time, the trademark need not be so, in addition to the well-known trademark, the trademark on the different categories of goods, services, can be the same, and because the trademark only in approved domestic effective, as long as the two countries did not join the same trademark international treaties or bilateral international treaty, the same trademark can coexist on the same kind of goods services between the two countries, it is because of the contradiction, with the main body of the same trademark cannot at the same time, each have named after the trademark the same domain, caused the conflict of trademark and domain names. A common dispute is when an Internet user USES a domain name that happens to be a registered trademark of another company, or when two legal owners of the same trademark want to use their trademark as the domain name.

2. The result of the open registration principle. The application of domain name is based on the principle of "apply first, register first". The domain name registration authority only examines the authenticity of the application materials of the domain name registration applicant, and is not responsible for the substantive examination of whether the domain name infringes on the exclusive rights and interests of the prior trademark of others. Therefore, the domain name registration service only provides technical services. For example, according to article 23 of China's "interim measures for the administration of Internet domain name registration", "the domain name administration units at all levels shall not be responsible for inquiring the state administration for industry and commerce and the trademark administration departments whether the user's domain name is in conflict with the registered trademark or enterprise name, or whether the interests of a third party are infringed. Any dispute caused by this kind of conflict, by the applicant himself is responsible for and bear legal responsibility ", although such rules in order to adapt to the development of the network, but also the disadvantages, because such provisions means are taken over by people can be free from any obstacles to implementation focuses on behavior, can not effectively prevent the happening of the right of domain name and trademark conflict in advance.

3. Influence of commercial interests. Domain name does not have any commercial value, but with the development of e-commerce, its commercial value is increasingly apparent, it has become the electronic trademark of enterprises' goods and services, is the object of intellectual property, represents goodwill, can create huge benefits of intangible assets. Different from trademarks, one is used for virtual network world, while the other is used for real life. However, the existing trademark trade names are limited, and the domain name can not be repeated, it is bound to be limited trademark domain name supply and unlimited domain name demand conflict, some people will use the registration to grab those popular domain name resources, and then sold to the trademark owner. With the development of China's information industry, driven by commercial interests, such disputes will increase.

4. Imperfect legal system. China's existing laws on the domain name and trademark disputes have not been explicitly stipulated but the number is relatively small, and in the face of the rapid development of the Internet world, the laws and regulations are dwarven. In 2001, the supreme people's court "interpretation on the use of law in civil disputes involving computer network domain names" is the only legal document involving domain name disputes at present. The relatively rapid development of the information industry and network economy still lacks strength. The unsound law is also one of the reasons for the rise of domain name and trademark disputes.

How to identify trademark infringement as subjective intent

Article 57, item (6) of the trademark law provides for the indirect infringement of a helper trademark, that is, the provision of a business site, transportation, storage and other convenient conditions for others to commit trademark infringement. The market initiator intentionally provides the convenience of the business site for the merchant to sell the goods with fake registered trademarks, which constitutes the indirect infringement of the helper trademark according to law.

Article 57 (6) of the trademark law clearly defines the subjective component of the liability for indirect infringement of a helper trademark as "intentional". Intentional means that the actor knows the existence of the infringement and pursues or allows the infringement to occur. Thus, the precondition of "intention" is "knowing". However, there are many disputes about the interpretation of "knowing". As for the standard of "knowing", it includes "knowing", "ought to know" and "having reason to know". The content of "knowing" also includes "general knowing" and "specific knowing".

What are the standards for similar recognition of trademark infringement

(1) to take the general attention of the relevant public as the standard;

(2) a comparison shall be made not only on the whole of the trademark, but also on the main parts of the trademark, and the comparison shall be made separately under the state of isolation of the object of comparison;

(3) in determining whether a trademark is similar, consideration shall be given to the significance and popularity of the registered trademark for protection.