Recently, http://www.aliyun.com/zixun/aggregation/8.html "> Internet fighter scramble climax repeatedly, endless war, I do not know how many heroes to create a good sweat, fame and fortune." Who wants to get the "Internet overlord" of the crown, the most basic condition is to register their own domain name. From the era of the fiery domain name sales more than 1 million of the situation can be seen, more and more people are not to be outdone to the internet, the invisible huge business kingdom to win a place. However, when you register a domain name, you do not pay attention to the possibility of infringement, illegal, these common sense you know how much?
In order to help users understand this aspect of common sense, the reporter put "malicious registered domain name should be what conditions" enumerated out, so that everyone registered domain name, less take a detour.
The unified domain name dispute resolution policy clearly provides for malicious registration: The following circumstances, but not limited to the following circumstances, if the expert Group found that the actual existence, Is evidence of malicious registration and use of domain names: The main purpose of your registration or acquisition of domain names is to sell, rent or transfer domain names to complainants or their competitors who are trademarks or service trademarks, in order to obtain additional revenue directly from the relevant costs of domain registration; The purpose of your registration of the domain name is to prevent the owner of the trade mark and service mark from reflecting its trademark in the corresponding domain name, the primary purpose of your domain name is to destroy the competitor's normal business and to use the domain name for commercial purposes You intentionally entice a network user to visit your website or other connecting address by making a confusion between the source, the sponsor, the affiliate or the guarantor of the goods or services that are sold on your website or on the Web site or the service provided by the complainant's trademark.
If you register a domain name with the conditions described above, it is generally considered malicious. As to the issue of compensation, if you register the domain name is only to have the above-mentioned malicious, also does not necessarily constitute tort compensation.
Article 52nd of the Trademark law stipulates that "one of the following acts is an infringement of the exclusive right to a registered trademark:
(i) the use of trademarks of the same or similar type on the same commodity or in a comparable commodity without the permission of the trademark registrant;
(b) Sales of goods infringing the exclusive rights of registered trademarks;
(c) forging or making unauthorized manufacture of a registered trademark of another person or selling a registered trademark that is forged or manufactured without authorization;
(d) Replacing its registered trademark and putting the product of the replacement trademark into the market without the consent of the trademark registrant;
(v) Causing other damage to the exclusive right of a registered trademark of another person. "Only in this case can the issue of compensation be involved." If only the domain name is registered, and the domain name is not only connected with some trademarks, but also a general term with linguistic meaning, then the Registration Act does not necessarily lead to compensation litigation.