The Discussion On Trademark Infringement Of The App Managers

With the development and popularity of the Internet, trademark infringement had gradually extended to the virtual Internet,and getting worse. From the trademark Infringement of the network service platform provider to the search engine service provider and then App managers emerged in trademark infringement in recent years, especially the emergence of the new trademark infringement of App managers, whether legislative or judicial practice of our country have both become stretched,,even the "Wei Wei network" case is a alarm bell. Although the trademark infringement of App Store Managers rise as a product of the prosperity of application and occur in a network environment like the trademark infringement of other network service providers, there are still many essential differences between the App Store Managers and the other network service providers.Based on the App Store business model analysis,this paper holds that App Store managers should be under a duty of higher care than other network service providers, and finds the fault of App store managers from the "duty of care", "notice-remove rule," "Red Flags Rule" in the perspective of Apple’s App Store. The article also holds that the consistent controversial "safe harbor rule" can be applied to the field of trademark infringement, but because of App store managers is different from other Internet service providers, the application of the "safe harbor rule" in the trademark infringement of App Store manager should have some particularities. First of all, the standards of safe rule should be stricter than the other network service providers. Secondly, the rules of the App Store managers in judgement of trademark infringement should also be special. Finally, the paper argues that since the App Store’s profitability and its ability to control App platform, when the platform occurs in direct trademark infringement and App store managers are at fault, App store managers should bear the liability of indirect trademark infringement.Finally, In the perspective of App trademark protection on the manager’s recommendations, First, as the difficulties for App Store managers in supervising the infringement of App, "Monitoring obligations" should be limited to a reasonable range.Secondly, App Store managers should start with the store management system, improve the review system, minimizing the risk of trademark infringement.Looking abroad, for App legislation and theoretical research in trademark infringement is still at the initial stage.Therefore, this article hope to make some benefits to progress and development of the trademark protection system of our country through discussion on trademark infringement of the App Store managers.