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How conflicts between rights in trademarks and rights in Internet domain names should be re-solved has long been a highly controversial issue. In a document dated 7 March 2000, the IPO ex-pressed the following opinions on this issue:
For both trademarks and domain names, regis-tration is available to the first applicant. In cases where someone other than the trademark owner pre-emptively registers the textual content of a trademark as a domain name, or where a domain name is registered as a trademark, the legal po-sition is as follows:
Registering a domain name by using a trade-mark registered by another person and pre-senting on a web page or in related computer network information concerning the goods or services identical or similar to those of an-other's registered trademark may constitute infringement of trademark rights under Arti-cles 61 and 62 of the Trademark Law. Further, even where the use or display of a domain name does not constitute use of a trademark, if such use or display causes confusion with an-other's goods or with the facilities or activities of another's business operations or services, it would appear to be open to sanctions under Article 20 and Article 24 of the Fair Trade Law.
Where application is made to register as a trademark a well-known domain name of an-other, if the goods or services in respect of which such registration is sought are related to goods or services presented through that do-main name, and where there is likelihood of confusion and misidentification among con-sumers at large, this may be grounds for reg-istration being denied under Article 37 Item 7 of the Trademark Law.
