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We must think more about reducing domain name arbitration
Release time: 2022-02-23 11:50:03
Recently, WeChat domain name events have been rampant. Li Ming, the domain name user, sued Tencent, claiming that he used the domain name without malice, and that he had the right to continue to hold and use weixin.com. This dispute case may directly cost Li Ming tens of millions of dollars, so we need to consider what kind of domain name to arbitrate. How can the risk of domain name arbitration be reduced? Domain name arbitration requires three elements at the same time: 1. The domain name of the respondent is similar to the trademark of the complainant; 2. The respondent does not own the rights or legal interests of the domain name; 3. The respondent maliciously registered and used the domain name. (Note: well-known trademarks are not subject to this restriction) Methods to reduce the risk of domain name arbitration Since domain name arbitration cases can be seen everywhere, and once spread, it will bring a lot of trouble. If the domain name is priceless and the loss will be more serious, how to reduce the risk? 1. Find reasonable reasons to occupy and use the domain name; 2. When building a website, we should first consider whether the registered domain name is a registered trademark or a patent, and whether it is a well-known trademark. If it is an ordinary trademark, they should avoid the trademark category they have already registered and use the domain name to build a website; 3. No malicious hype and propaganda; 4. Pay attention to the obvious differences in content, layout, framework, LOGO, etc. Of the website. The website with the domain name weixin.com has a lot of confusing content, which makes users mistakenly think it is the complainant's website, so Tencent believes that the defendant is "malicious". use; 5. Do not connect the URL of the terminal on the website, which will cause confusion to users and is a "malicious" behavior; 6. Do not hang up the sales page, do not actively contact the terminal to sell the domain name, and let the other party come to you. Even if contacted, the price should be discussed anonymously. If the website is well done, you can let the other party buy the website, successfully bypass the malicious domain name sales, and it is more convenient to negotiate the price; 7. If being arbitrated, try to cooperate and do not avoid; 8. How to determine whether you own the rights or legal interests of the domain name can be appealed from the following points: (1) Before receiving the notice of dispute, the respondent has used or can prove that it used the domain name or the name corresponding to the domain name in good faith in the process of providing goods or services. Or, (2) The respondent (as an individual, business company or other organization) has not obtained the trademark of goods or related services, but its name is widely known. Or, (3) The respondent legally uses or reasonably uses the domain name in a non-commercial way, and there is no plan to mislead consumers or pollute the disputed goods or service trademarks in order to obtain commercial benefits.
