Protection of Trademarks in the Digital Space: A Legal Analysis of Domain Name Registration and Usage
摘要
This research examines the safeguarding of trademarks within the digital realm through a legal evaluation of domain name registration and utilization. The objective of the study is to investigate the regulation and protection of trademark rights in the online environment, particularly in light of the legal difficulties that emerge from rapid technological advancements and the integration of the internet into commerce. The analysis commences with a clarification of the legal classification of trademarks, encompassing defensive marks, prohibitive marks, individual and collective marks, well-known marks, and three-dimensional marks. Within the context of intellectual property rights protection, the study emphasizes the characteristics and functions of each mark type, illustrating how these classifications are employed to defend trademarks in the digital arena. Furthermore, the research explores the notion of domain names on the internet, categorizing them according to their commercial and technical applications. It investigates the interplay between domain names and trademarks, positing that domain names constitute a crucial element of digital trademarks that require legal protection against potential infringements in the online space. The study delineates the mechanisms through which trademark rights are upheld in the digital environment, with a particular focus on domain name disputes and the resemblances between domain names and well-known trademarks. The study arrives at the conclusion that the digital realm introduces novel challenges that necessitate legislative revisions to safeguard trademarks and domain names. It highlights the critical need for the formulation of legal frameworks that include non-traditional trademarks and establish effective legal remedies for addressing infringements within the digital landscape. Concluding the study, a series of recommendations are offered, which advocate for the modernization of legal systems pertaining to domain name registration and trademark protection in the digital arena, alongside the strengthening of international collaboration to protect intellectual property online and uphold the rights of both companies and consumers in this domain.