Venue Rental Trademarks Duty Indirect Infringement

The trademark means identify marking the executive uses in the merchandise or the service which can differentiate merchandise or the service of their own or others'. At the prosperity of the socialist market economy, the world trend of economic integration in the context of obviously day by day, and many huge market appeal and potential competitiveness of a number of well-known trademarks as a manufacturer of goods the subject of imitation or even counterfeit. There must have manufacturer's salers, and trademark infringement because the majority of sales are not really selling all of their own place, it is bound to the use of leasing space from the sale of fake or counterfeit brand goods, therefore, should take up space rental infringement of the duty that is particularly important.This paper attempts to prosecute through the Puma company of trademark infringement in Zhuhai three shopping malls in this case the analysis of typical cases, in tort for the main identification, sharing and so on duty to discuss and put forward legislative proposals with a view to the practice of judicial proceedings in such cases there is Helped by.One article is divided into five parts: the first part is the subject; introduce the second part of the case are; the third part is the broad focus of the dispute; fourth part is the differences and views; fifth part is the conclusion of the study.There are two main disputes in this case the focus: the main violations that the distribution of tort liability. This is the focus of all such cases both the plaintiff and the defendant in the event of a dispute between the frequently asked questions. In this case because the defendants are infringing the operating lease facilities for families shopping malls, with the particularity of its nature, and in recent years are the typical trademarks of indirect infringement, whether as infringing the main shopping centers, should assume an independent duty, supplementary duty or family commitment and the actual operation should be jointly and severally liable for our further discussion. Both of the above questions through argument, I think shopping malls to become the subject of indirect infringement of trademark rights, should be strictly implemented the principle of fault liability, that is, the subjective aspects of shopping malls should be intentional, knowing or should have known the family business without sales of infringing products to be stop or continue to sell its laissez-faire; for infringement of its duty to be borne, I think, because of the actual operation of shopping centers are set up between the families of common violations, it should be operating by the shopping center and the actual person households on the loss of trademark rights are jointly and severally liable, and on the basis of the Trademark Law of China's indirect infringement of the trade mark has been put forward some suggestions.