What is the location of infringement in a domain name dispute 20

Territorial jurisdiction is basically the same as the principle of online copyright jurisdiction issued by the Supreme People's Court, that is, the court where the infringement occurred and the place where the defendant is located has jurisdiction, and if it is difficult to determine the defendant's domicile and the place of infringement, the location of the computer terminal and other equipment of the domain name found by the plaintiff can be regarded as the place of infringement. At the same time, in the case of possible foreign-related domain name disputes, the special provisions may be implemented in accordance with the special provisions on foreign-related civil litigation procedures in Part IV of the Civil Procedure Law, that is, foreign-related domain name disputes may be under the jurisdiction of multiple courts in the place where the representative office is domiciled, the place where the contract is signed, the place where the contract is performed, the place where the property can be seized, and other places where the connection point is located, and even as long as the defendant does not raise an objection and responds to the lawsuit, the court may also be deemed to have jurisdiction.

In terms of hierarchical jurisdiction, it is stipulated that the intermediate court has jurisdiction. This is mainly based on the fact that the number of domain name disputes is not too large, but it requires strong professional quality and technical knowledge, and the provision of jurisdiction by intermediate courts can better ensure the quality of adjudication of cases.

This may be used as a basis for determining the competent court.

This clause can be used as a reference.

In accordance with the provisions of the Criminal Law, the principle of jurisdiction of the court at the place where the criminal act is committed is generally applied. Where it is difficult to determine the location of the criminal act, the provisions of the articles you said may be applied.

It is the domicile of the owner of ** pointed to by the domain name, or the domicile of the domain name owner.

Any person or institution may file a complaint with a dispute resolution authority if it believes that the domain name registered by another person conflicts with its legitimate rights and interests. These conflicts generally include:

1. The similarity of the complained domain name to the name or logo of the complainant with which the complainant has civil rights and interests or is sufficient to cause confusion;

2. The owner of the domain name complained of does not have legitimate rights and interests in the domain name or its main disadvantages;

3. The owner of the complained domain name has malicious intent in the registration or use of the domain name. Generally, the following situations are included: 1) the purpose of the respondent's registration or transfer of the domain name is to the complainant or its competitors**, lease or otherwise transfer the domain name to obtain improper benefits; 2) The respondent has repeatedly registered the name or logo of others with legitimate rights and interests as its own domain name, so as to prevent others from using the name or logo with which it has legitimate rights and interests on the Internet in the form of domain names; 3) The purpose of registering or transferring a domain name is to damage the reputation of the complainant, disrupt the complainant's normal business activities, or confuse the distinction between the complainant and the complainant, and mislead the public.

Relevant laws can be referred to: Paragraph 1 of Article 5 of the China Internet Network Information Center Domain Name Dispute Resolution, any institution or individual that believes that the domain name registered by another person conflicts with the legitimate rights and interests of the institution or individual, may file a complaint with the dispute resolution institution. Article 8: Where the following conditions are met, the complaint shall be supported:

1) The domain name complained of is the same as the name or logo of the complainant's civil rights and interests, or has a similarity sufficient to cause confusion;

2) The owner of the domain name complained of does not enjoy lawful rights and interests in the domain name or its main part;

3) The owner of the complained domain name has malicious intent in the registration or use of the domain name. Article 9: In any of the following circumstances, the conduct of the complained domain name holder constitutes malicious registration or use of the domain name:

1) The purpose of registering or transferring the domain name is to lease or otherwise transfer the domain name to the complainant or its competitor who is the owner of civil rights and interests**, so as to obtain improper benefits;

2) Repeatedly registering the name or symbol of others that they enjoy lawful rights and interests as their own domain name, so as to prevent others from using the name or symbol in the form of a domain name on the Internet;

3) The purpose of registering or transferring a domain name is to damage the complainant's reputation, disrupt the complainant's normal business activities, or confuse the distinction between the complainant and the complainant, or mislead the public;

4) Other situations of bad faith.

Methods of reconciling the legal conflict between domain names and trademarks: E-commerce for the transaction of related goods through the registration of words identical or similar to those registered by others as domain names, which is likely to mislead the relevant public by hail, shall be deemed to be an act of trademark infringement.

[Legal basis].

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases.

The following acts are acts that cause other damage to the exclusive right to use a registered trademark of another person as stipulated in Article 57(7) of the Trademark Law:

1) Prominently using words identical or similar to the registered trademarks of others as the trade name of the enterprise on the same or similar goods, which is likely to mislead the relevant public;

Copying, imitating, or translating a well-known trademark registered by another person or its main part is used as a trademark on non-identical or dissimilar goods, misleading the public, and causing the interests of the registrant of the well-known trademark to be harmed;

3) Registering words that are identical or similar to the registered trademarks of others as domain names, and conducting e-commerce through the domain name to trade related goods, which is likely to mislead the relevant public.