Trademark Law Episode 15: The Legal Landscape of Domain Name Disputes Involving Trademarks in North America, Mainland China, and Hong Kong
Description
In this episode, we explore the legal frameworks governing domain name disputes involving trademarks in North America, mainland China, and Hong Kong, focusing on the intersection of domain name registration and trademark rights. With the rise of e-commerce and digital branding, domain names have become critical intellectual property assets, but they also pose unique challenges in cases of “cybersquatting” or unauthorized use. We analyze how the United States addresses these issues through the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform Domain-Name Dispute-Resolution Policy (UDRP), providing trademark owners with options for recourse against infringing domain names.
In contrast, mainland China enforces its domain name disputes under the China Internet Network Information Center (CNNIC) rules, which align with broader intellectual property laws but emphasize administrative arbitration. Meanwhile, Hong Kong follows UDRP principles but applies distinct local protocols in disputes involving .hk domains. Through comparative analysis, this episode examines key cases, regulatory differences, and strategies trademark owners can use to navigate domain disputes in these varied jurisdictions, offering a practical guide to protecting digital brand identity in today’s global market.
United States
