A Case Study On The Trademark Infringement Disputes Between Jiahe County Forging Factory And Huaguang Machinery Company

With the development of network technology,the way of trademark infringement is becoming more and more diversified,and the protection of trademark has been paid more and more attention.Despite the Trademark Law has been revised in 2013,has further strengthened the protection of trademark and the punishment of trademark infringement.However,the recognition of trademark infringement,trademark confusion and the trademark similarity have not been effectively solved.In the theory and practice,there is a difference in the understanding of the logical relationship between trademark similarity,trademark confusion and trademark infringement.How to clarify the logical link becomes the key.This paper chooses the classic case of trademark infringement,leads to the importance of logical relationship between trademark similarity,trademark confusion and trademark infringement,the essence of trademark protection.In the recognition of trademark infringement and confirmation of tort liability.It has significance of theoretical and practical.This paper selected the typical trademark infringement cases from the Supreme People's Court Gazette,that named The trademark infringement Disputes between Jiahe County Forging Factory and Huaguang Machinery Company.This paper first refined the three controversial focus of the case,the first,if the trademark of "YinJi"plus pattern is similar to the trademark of "ZhiJi" plus pattern,the second,Whether it constitutes a trademark infringement,the last is how to determine the amount of trademark infringement compensation.Secondly,combining the theory and practice,the author analyzed the three controversial focus,and analyzed the judging points of the court.Finally,the author analyzed the relevant concepts and laws,led to the importance of the logical relationship between trademark similarity,trademark confusion and trademark infringement,and cleared the essence of trademark protection,so as to draw the author's conclusions and views.