Domain Name registration: Infringement incidents increased business opportunities and tort dances

The intermediary transaction SEO diagnoses Taobao guest stationmaster buys the Cloud host technology Hall

Lin in the United States Professional basketball League arena quickly became popular, the network also set off a "forest whirlwind." Many domestic enterprises and individuals have registered Lin's domain name, including Chinese and English, 22 of the domain names related to Lin have been registered. Lin's ". cn domain Name" was registered by two Xiamen Enterprises, and "Www.linshuhao.com" was also sold online.

"Others rely on their own efforts to have a reputation, appeal, as the market later, should respect the reputation of other people's markets, and should not break the rules, or to use the reputation of others to seek their own some improper interests." Tri, an associate professor at Tsinghua University Law School, believes that the use of the market value of the domain name itself is understandable, but the malicious preemption domain name should be limited.

The number of infringement of domain name is increasing year

At the beginning of the year of the Dragon, the most popular incidents related to infringement were staged, and domain infringement became an important scene. Apple in China to provoke the ipad trademark infringement lawsuit, this lesson, Facebook in China in a more than 60 registered trademarks and domain names, Ctrip, the same journey, Art Dragon three major tourism network has bought back double spell domain name. Domain names become a battleground business.

If there are business opportunities, there will be action, and the domain name has become a new means of making a wealth. 2008, the Beijing Olympic Games mascot "Fuwa" International translation just changed from "friendlies" to "Fuwa", sensitive domain name investors immediately registered the relevant domain name, and in China's largest shopping site Taobao high-priced auction.

Tsinghua University, the department of Automation doctoral students make Fox Chang Hai feel that the domain name is now an important resource, the registered person is nothing more than the value of their advertising, to wait for the domain name to be the most expensive to buy the domain name.

Registered domain name is not really complicated, as long as the user to assist users to apply for the company's website registered account, enter the contact information and pay after you can have a domain name rights. The reporter opens the domain name registration and the application website "million Nets", its homepage prominent position is the domain name quotation, the suffix is ". cn" The domain name price is 99 yuan each year, the more common ". com" and ". Net" Price is 139 yuan per year.

In 2010, the WIPO Arbitration and Mediation Centre (WIPO Center) submitted 2,696 domain name registration cases involving 4,370 domain names, an increase of 28% from 2009, and a 16% increase over 2008. Judging from the data, the number of arbitration cases concerning the registration of domain names has increased rapidly.

According to the intellectual property lawyer Liu Honghui introduced, the phenomenon of domain name registration is not only in China or individual countries and regions, but in the world more occurrences, usually involving celebrities, brand names, representative words and so on. To this end, inter-state collaboration and coordination among international organizations are strengthening. Now more influential international arbitration institutions, such as the World Intellectual Property Organization arbitration and mediation center of the ruling generally have strong credibility, in the world have been recognized. At the same time, the organization's "Unified domain name Dispute resolution policy (UDRP)" Rules of treatment also unified the standard of such arbitration cases.

According to the China International Economic and Trade Arbitration Commission's statistics, its admissibility of ". CN" and the Chinese domain name dispute 1383, 1191 of the arbitration result is "transfer domain name", in other words, malicious registration of other people enjoy the legal domain name of the losing rate is close to 90%.

Malicious preemption of domain names would be illegal

The domain name registration behavior divides into the domain name investment and the malicious registration two kinds. Liu Honghui that the malicious registration is a kind of infringement of intellectual property rights for the purpose of profiting, and the use of improper means to preempt the right of other people in the field or related fields which have been used and have some influence on the trademarks, domain names or trade names.

Domain name investment is by virtue of their own judgment to the market to register trademarks, such as its appreciation and then further transfer, from which to earn the difference. Liu Honghui said: "This investment is also risky, that is, he may or may not appreciate, and registration is to spend a certain amount of money, in line with the general rules of investment, so it is possible." ”

University students in Xu Liang think, on the domain name registration or in business, "The registration domain name, show that others see the future of the network brought business opportunities, can use the network resources not only limited in e-commerce, or network services charges, is no longer a traditional concept of goods or services, Can make the content of network resources and business activities richer.

The way the domain name can be registered is divided into two types, Liu Honghui introduced that one is in this domain name is not registered, has found the potential value of the domain name and register in advance, waiting for this domain name appreciation, but also in line with the domain name registration first-come first-served general rules; Another is to wait for this domain name to expire, Even though the success rate is small, there is a chance that it will be successful.

Liu Honghui said that the first is the performance of personal investment vision, as long as there is no damage to the rights of others, "I think whether it is from the moral or legal point of view, there is nothing wrong, if the rights involved in other people, such as the right to name, reputation, may be legally, it is necessary to pursue his relevant legal responsibilities, from the moral level, It is also an act of contempt. The second, if the registration is successful, from the moral point of view, "is a very small person's behavior, drilling people's loopholes, take advantage of the fishing." Legally speaking, it is illegal to violate other people's right of prior rights or to violate other people's right of name, reputation and trademark. Liu Honghui to remind consumers that by extending the extension to reduce the probability of such a rush, the malicious registration, in the "China Internet Network Information Center dispute Resolution" has been detailed provisions.

Tri that domain name acquisition is itself a market behavior, through the domain name to sell goods or find business opportunities is normal. If you want to rush the names of individuals, company names, trademarks and so on will involve legal issues. First, it is possible to violate the right of name, in accordance with the relevant provisions of the general principles of civil law, each person has exclusive rights to his or her own name, so they cannot use the names of others to engage in related business activities; Secondly, for a company, the name of the enterprise is also protected by law, using the name of business to engage in related business activities Easy to cause infringement of corporate name; third, if the use of domain name to promote related products, it is possible infringement of trademark rights.

Personal Domain Protection Awareness

In Liu Honghui's view, the relevant agencies should strengthen the review of certain domain names with special meanings, such as names of celebrities, places of interest in scenic spots or other words and figures with special meanings, should limit the application of domain names involving infringement of the name and reputation of other people in the review process.

"We can improve the laws and regulations of domain registration by reference to other intellectual property standards," he said. Domain Name this intellectual property right than trademark rights, copyrights appear late, but with intellectual property within the scope, there are many similarities. Relatively speaking, trademarks and other legislation has been relatively perfect, some useful provisions can be used for reference. ”

Tri that, under the current laws and regulations, clearly defined in the name of the celebrity right, on the basis of the right of enterprise name and trademark rights, if the infringement action occurs, if the court can effectively judge the infringement, and ask the infringer to make full reparation, it will make the later intention infringer feel unprofitable and the tort will be less.

"It's not that we don't have the rules, but we really have to take this rule seriously," Tri, "to take care of these rights that others already exist, to provide very adequate protection, not only for the case to be a fair solution, but more importantly, let the whole community have a clear expectation.

Liu Honghui that everyone, especially celebrities to learn to protect their own domain name, first of all, to continue to use the domain name on time renewals, to avoid being beaten to the edge; Secondly, in the event of malicious registration, should pay attention to the preservation of evidence, the use of legal means to safeguard their rights.