Thursday, October 14, 2010

What conditions should be maliciously registered domain name?

Readers inquired


Foreign to a company called me recently registered a domain name registration is malicious, a violation of their trademark rights, asked me to return and pay 5,000 dollars in compensation. I ask: how can I do?

Readers: Han Xin

Lawyers to answer

Han Xin reader:

"Uniform Domain Name Dispute Resolution Policy" clearly defined bad faith registration of the case: the situation is as follows but not limited to the following situations, such as the Group of Experts found to exist, then the domain name constitutes bad faith registration and use of evidence: your domain name registration or access the main the purpose of the trademark or service mark as a commodity of all the complainants or their competitors to sell, lease or transfer the domain to obtain the direct costs associated with the domain name registration in addition to income persons; your registration of the domain name is intended to prevent the trade mark and service mark owners appropriate domain name to reflect the trademark,; your registered domain name main purpose is to undermine the normal course of business by competitors; to use the domain name means the purpose for commercial gain, by creating your your web site or web site sold the goods or services with the complainant between the source of those trademarks, sponsors, affiliated or guarantor's confusion, deliberately luring Internet users to your website or other on-line address those .

If you register a domain name with the conditions specified above, the general will be identified as malicious.

As for compensation, only if you register with the malicious domain, does not necessarily constitute a tort. "Trademark Law" fifth 12 provides: "any of the following acts shall be an infringement of a registered trademark: (a) of the registered trademark without permission, in the same or similar goods on the use of its trademark the same or similar to trademarks; (b) Sales infringement of a registered trademark of the goods; (c) forging, a registered trademark of another person without authorization or selling forged or made without authorization of the registered trademark; (d) without the trademark registrant agreed to change its registered trademarks and trademarks of the replacement of the commodities to market; (e) a registered trade mark to another person the exclusive right to cause other damage. "Only with these situations, it may relate to compensation. If only the registered domain name and the domain name and certain trademarks not only connected, but also has the linguistic meaning of common words, then the registration act does not necessarily lead to compensation of the complaint.

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