Research On The Determination Of The Amount Of Infringement Compensation In Reverse Confusion Of Trademarks

"New Balance" brand case caused extensive concern of the community,one of the biggest controversy is tort damages in the case of problem,the first-instance ruling,the judge found the defendant to the plaintiff compensation of 98 million yuan,in the verdict,the judge will tort compensation dropped to 5 million yuan,such a huge damages caused the controversy of the society.Behind the "New Balance" trademark case is a lack of "reverse confusion" in Chinese trademark law.Trademark law did not confused "anti" regulation,the judge in that specific tort compensation when there are many difficulties,with the increasing of this kind of case,the community require the "reverse confusion" theory into the system of the trademark law and the tort compensation for clarity regulation calls for is higher and higher.Under such background,it is necessary to determine the amount of infringement compensation in reverse confusion of trademarks.This not only protects the interests of the owner of the trademark,but also protects the rights and interests of the consumers,while realizing the benign development of the commodity market.This paper is divided into four parts:The first part mainly analyzes the New Balance trademark case introduction,this part is divided into two sections,the first section is about the New Balance trademark case and the trial result shows that the second section raises the case about the cognizance tort compensation disputes.In the second part,the author makes an argument and analysis on the controversial focus of the New Balance trademark case,and it is clear that the reverse confusion is a tort.Then the consideration of the judge in the New Balance case was analyzed in detail and the author’s opinion was explained.The third part is the study of domestic and foreign relevant judicial cases,domestically listed the several typical cases of trademark reverse confusion,in the case that the tort compensation factor to carry on the detailed analysis shows that foreign aspects mainly selected the relevant judicial case analysis in the United States,provide reference basis for the later system construction.The fourth part is about the tort compensation mechanism of Chinese trademark reverse confusion.Combined with the current trademark law system in our country,through the analysis of the new balance case summary and reasonable reference for related cases at home and abroad,put forward the perfect our country’s compensation for infringement of trademark reverse confusion of mechanism of specific measures.