On The Analysis Of The Dispute Case About The Brand Excusive Right Between Peretz And The Huangpu Ritz

There are more and more complex and diverse trademark infringement dispute; it will affect the social stability if we can't handle properly one of the most representative trademark disputes between Perutz Hotel Co., Ltd. and Shanghai Huangpu Ritz Leisure Fitness Co., Ltd in china. The thesis aims at putting forward some proposal in the legislative,judicial and legal practice by analyzing the contention between the two sides.The thesis is divided into five chapters. The first chapter is the induction of the case,the focus of the controversy of the case; The second chapter is to analyze the similarity of the two trademarks between the defendant's and the plaintiff's this chapter is divided into three sections. The first section is about the definition and understanding of the similarity between the different trademarks on the basis of the definition of the similar trademark; The second section is the principle of the judgments about the similar trademark at first the thesis induces the three principles of the judgment about the similar trademark. Then analyze the case in the thesis; at last gives two examples in real life. The third chapter is about whether the defendant has the prior rights; the chapter is made up of the three sections. The first section is the definition and understanding of the prior rights; the second is the definition of the priority rights and the distinction between the prior rights and the earlier priority; the third section is a detail analysis of the case and why the defendant does not have a prior right reasons. The fourth chapter is whether there is legal facts and legal basis that the plaintiff asked the amount of compensation. The first section is analysis of the principle of the compensation and then analyzes the case in the thesis. The last chapter is the some of the problems and deficiencies related to the similar trademark, and then put forward some legislative proposal.