Research On Trademark Infringement Of Selling Repackaged Goods

With the diversification of market demand,selling repackaged goods is common in the market.The goods are repackaged without permission of the trademark owner.So whether the act violates the trademark rights is controversial.The conclusions of different local courts in China on whether the infringement of selling repackaged goods are different.What elements should we consider? Which law should we apply to?It is helpful to guide the sellersin the market to regulate their repackaging behavior and to protect the rights of trademark owners and regulate the market order.Although the phenomenon is common in our country,but the relevant litigation is not that much.But in other countries,especially in the U.S.and the European Union,there are many related cases.They have formed their own set of standards.The study of foreign legal system and judicial precedent can help to clarify the factors and bases that our country should consider in this issue.Combined with foreign judicial jurisprudence and the theory of trademark law in China,this article tries to analyze the trademark infringement elements and the applicable law from different situations on the selling repackaged goods.This paper is divided into three chapters.In the first chapter,the repackaged behavior of goods is defined,and the characteristics of the behavior are summarized,and the scope of the discussion is discussed.On this basis,the issue of trademark infringement disputes involved in the repackaging of goods is put forward.There are two issues.The first one is the nature of the use of the original trademark in the repackaging of the goods.The second one is identification of trademark infringement of the repackaging of goods in the judicial practice,including different laws and different elements of infringement.The second chapter is mainly aboutre-packaging of goods on the sale of violations identified status analysis in other countries.The chapter is divided into two parts.The first part is the analysis of the US trademark legal system and judicial practice on the issue of selling repackaged goods.The second part is the analysis of EU trademark legal system and judicial practice on the issue of selling repackaged goods.In the first part,we firstly sort out the US laws and regulations related to the trademark infringement of selling repackaged goods.And then analyze the elements of the trademark infringement of the United States in different cases,including whether the quality of the goods is still under the control of the trademark owner and whether the repackaging information has been prompted.Finally,we summarize and analyze the behavior of the infringement of trademark recognition standards in the US.In the second part,the relevant legal provisions and judicial precedents of the EU are analyzed in the same way.The third chapter is about the trademark infringement analysis of selling repackaged goods according to the theory of trademark law in China.The first part is about the qualitative analysis of the use of the original trademark behavior in selling repackaged goods,that is,whether the act is "the fair use" or "the use according to the trademark law".The second part puts forward that we should pay attention to the application of the principle of exhaustion of trademark right in the analysis of the trademark infringement of selling repackaged goods.The last part is the analysis of the specific rules applicable to the behavior of selling repackaged goods.This part discusses the application of the three legal provisions,including the application of Article 57(1)of the Trademark Law,the trademark quality assurance function,and Article 57(4)of the Trademark Law.