近年来,大量出现的域名纠纷引起学术界的普遍关注。其中反映出来的主要问题就是因商标与域名分别为不同主体所有而导致的权利冲突,表现为两种类型:一是域名或其主要部分与他人在先商标相同,这里的商标通常是具有较高知名度的商标;二是商标与他人在先域名或 In recent years, a large number of domain name disputes have aroused widespread concern in academia. The main problem reflected in this is the conflict of rights caused by the fact that the trademark and the domain name are respectively owned by different subjects. There are two types of rights: one is that the domain name or its main part is the same as another’s previous trademark, and the trademark is usually higher Well-known trademarks; Second, trademarks and others prior to the domain name or