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There are many kinds of disputes between domain names, but if you have to sum them up, they can be roughly divided into three categories.
Cybersquatting is the registration of the name of a famous person or business as a domain name.
Use similar domain names to fake or dilute someone else's brand.
Conflicts of Rights Arising from Domain Names. This is caused by the contradiction between the uniqueness of a domain name and the fact that there can be multiple right holders of the same trademark or trade name.
There is no way to have these things, after all, there are so many interests in it. Only those who can register first are whom. And there is no way to solve similar problems, because they are also registered by others through formal channels.
Therefore, once the brand is decided, it must be registered first, and it cannot be postponed. If there is a dispute, you can only negotiate privately to buy the domain name through transfer. Of course, similar domain names must be transferred together.
Hope you can complete the domain name transfer smoothly on the fishclaw.
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According to the relevant laws of China, when a domain name dispute arises, the parties can mediate and deal with it, and if the mediation fails, they can file a lawsuit with the people's court to resolve the domain name dispute. Article 1 of the "Judicial Interpretation of the Supreme People's Court on the Trial of Civil Disputes Involving Computer Network Domain Names" provides that if a party initiates a lawsuit with the people's court in a civil dispute involving the registration or use of a computer network domain name, and the party concerned submits a lawsuit to the people's court, the people's court shall accept it if it meets the requirements of Article 108 of the Civil Procedure Law. Article 2 Cases involving infringement disputes involving domain names shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled.
Where it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff discovers the location of the computer terminal and other equipment of the domain name may be regarded as the place of infringement. Foreign-related domain name dispute cases include domain name dispute cases where one or both of the parties is a foreigner, a stateless person, a foreign enterprise or organization, an international organization, or a domain name registered in a foreign country. In cases of foreign-related domain name disputes occurring within the territory of the People's Republic of China, jurisdiction shall be determined in accordance with the provisions of Part IV of the Civil Procedure Law.
Article 3: The cause of action in a domain name dispute case shall be determined according to the nature of the legal relationship disputed by the parties, and shall be preceded by a computer network domain name; Where it is difficult to determine the nature of the legal relationship in dispute, it may be referred to as a case in which a computer network domain name dispute is filed. Article 1 of the Interpretation of the Supreme People's Court on Several Questions Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names, Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names, Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names.
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