Qingfeng Bao Zi Pu V. Qingfeng Catering Company Trademark Infringement Analysis

At present,there are many commodities on the market that are familiar to each other.Trademarks and company names of different commodities have the same or similar content.Consumers may think that they are the same company's products.Consumers may feel that this is normal because there are not many such cases in the market.In fact,this has already involved trademark infringement and unfair competition.Trademark infringement,many people think this is a good judgment,as long as the two trademarks are the same or similar to be identified,the author once thought so,but with the in-depth study of trademark infringement,only to know that it is not so simple.Trademark infringement involves not only the conflict of rights between trademarks,but also conflicts in other areas of rights and trademark rights,such as the conflict between the right to name and the right of a trademark.Both sides of the conflict have obtained the right to use the company's name and the exclusive right to use the registered trademark through legal channels.How to solve the conflict between the two parties fairly and reasonably is a problem.In addition,the “Anti-Unfair Competition Law” plays a role in the protection of intellectual property,and the determination of unfair competition acts to a large extent affects the determination of trademark infringement,so it is necessary to establish whether the trademark infringement constitutes unfair competition.The analysis will provide more sufficient reasons and evidence for the determination of trademark infringement.This article takes Qingfeng Catering Co.,Ltd.and Qingfeng Baozipu Trademark Dispute cases as examples to discuss the issue of value selection in the event of a conflict between trademark rights and other legal rights,and analyzes the application of the new standards for the identification of unfair competition practices in order to achieve a similar Case judgments provide a certain reference value,guide market operators to participate in market competition through fair and just means,and promote the healthy development of the socialist market economy.This article is divided into three parts in terms of structure: The first part: the case is combed,through the analysis of the case,the results of the court's decision,summed up the case of the three controversial focus.Part II: A legal analysis of the disputed issues involved in the case,firstly analyzing the reasons why Qingfeng Catering Company constitutes trademark infringement,andthen analyzing Qingfeng Catering Company's use of "Qingfeng" as the enterprise's brand name and its prominent use.Unfair competition,and finally,detailed discussion on how Qingfeng Catering Co.,Ltd.bears responsibility for damages.The third part: The author thinks of the legal thinking caused by the analysis of Qingfeng's trademark infringement cases in the first two parts.According to Qingfeng's trademark infringement case,there are problems in the trademark infringement determination,unfair competition behavior determination,and trademark infringement statutory compensation system.,To improve the legal protection of trademark infringement in China in the legislative and judicial aspects of legal thinking.