Can the new trademark law of the domain name "alongside famous brand" be renovating

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Recently, the new "trademark law" Draft for soliciting opinions (hereinafter referred to as "Draft for soliciting opinions") has been formally written, and will be formally submitted to the State Council for review of the Law office. In this "draft of soliciting opinions" clearly pointed out that to curb "alongside famous brand", "spoof" trademark phenomenon, the provisions of confusion enterprise Word, number, domain name is also infringement.

What is a famous brand? is a phenomenon of unfair competition, mainly refers to: the famous trademark registered as its own company, in order to confuse the company name and brand name, trying to make consumers mistakenly think that the famous brand is the company produced, so as to expand the market to obtain profits.

Now appear in the market "carved card" and "Eagle Card", "Valentino" and "Chinese-day Slave", "Rejoice" and "bleaching" and other easy to create consumer confusion of trademarks, will not be registered in the future. In addition, such as "Central set", "purging stop seal" such as the spoof, the new "trademark law" after the promulgation will also be banned. These trademarks confuse the public in their daily lives and affect the consumers ' purchasing judgments, which has brought a lot of trouble to the public.

It is understood that "waterfront brand" phenomenon is not only reflected in the physical goods trademarks, in the Internet domain name is also common. November 2009, Delta Air LinES Inc. Registered "DELTA" trademark, the disputed domain name delta-tickets.com and the company's trademark confusion, to this end, Delta Airlines to the WIPO Arbitration and Mediation Center to submit a complaint, request the disputed domain name delta-tickets.com hand over to them. Eventually, Danone won the disputed domain name.

Coincidentally, the international famous brand Gucci several times in two years to pick up legal weapons, successively won guccitube.com, gucci-devan.com and guccifragrance.com These disputed domain names, well defended the brand equity.

Whether it is a trademark or domain name "alongside famous brand", it is true to enable enterprises to take the name of the car quickly earn the first money, but is not a long-term solution, if they also made famous brands, but to eat the consequences of their own. Because there is a legal conflict with the famous trademark is easy to be pushed on the wave of counterfeiting, incur encirclement and suppression. It is also possible for this reason to make their own trademarks are deemed ineffective, hard to nurture the brand in an instant.

In the past, infringement of the right to infringe on the rights of the infringer often not to his earnings, many infringers after a fine, and then continue to do, so trademark infringement repeatedly banned. This time, in the "draft" clear, for a number of infringement of trademark enterprises will increase the penalties, indicating that the parties to implement trademark infringement will face a maximum fine of 1 million yuan. To increase the crackdown on trademark infringement is conducive to safeguarding the legitimate rights and interests of trademarks.

In view of the current situation of domain name disputes at home and abroad, China Connaught Network professionals pointed out that the law is the social life of the regulator, we need to implement legislation to protect the domain name, perfect domain name dispute resolution mechanism, to the Internet a harmonious environment, but also need to strengthen the registration of domain name management.

The author in and China Connaught Network professionals Chatting, also learned that a small secret, China Connaught Net October the end of the grand launch of a large promotional activities-to buy domain name to send space, only need 68 yuan, you can buy a. com domain name and 100M space, if they are agents, it is more cost-effective, CN domain Name +100m space = 20 yuan, COM domain name + 100M space. Now I will secretly tell the secret to friends, China Connaught Net surprise constantly, and so what? Move it!