Comment On The Case Of Trademark Right Infringement Dispute Between Longjing Tea Association And Tea Co.,Ltd.

A geographical indication trademark is a trademark that indicates a certain commodity originates from a certain area,and the specific quality,reputation,or other characteristics of the commodity are mainly determined by the natural or human factors in the area.Compared with its long history,China's legal protection of geographical indication trademarks is not long.Moreover,since geographical indication trademarks have more special characteristics than ordinary trademarks,the application of laws in practice often results in a sense of oversight.Whether or not it constitutes a reasonable use of the geographical indication trademark and whether it constitutes trademark confusions has always been a problem that needs to be identified and solved in the judicial practice.At the same time,with the continuous development of commodity trade,there are doubts about the distribution of the burden of proof on geographical indication trademark disputes,packaging infringement and other new issues.This article selects Zhejiang Longjing Tea Association v.Guangzhou Tea Co.,Ltd.to infringe trademark right dispute cases to analyse these three focal points "reasonable use of geographical indication trademarks","cognizance of the sale and manufacture of the infringed products”and"distribution of burden of proof for proof of Product Infringement" in conjunction with similar cases such as "Zhoushan Hairtail","Sheyang Rice" and "Anji White Tea".Firstly,in the rational use of the geographical indication trademark,we must meet the subjective and objective conditions at the same time.The first use of the commodity subject should come from the area which the geographical indications point to.Also,the user of the trademark is subjective in good faith,meanwhile,the geographical indications can only be used in the narrative way,that is,the objective using behavior can not lead to confusion in the public.The public here refers to the ordinary consumers and the confusion refers to the confusion of the secondary meaning peculiar to the geographical indications;Secondly,in the identification of the sale and manufacture of the infringed products,this paper has compared the differences between sales and manufacturing behavior elements and legal effects,and has analyzed the legal effects brought by the implementation of specific cases,thus makes it clear that the using of infringed logo packaging bulk products is also an act of infringement.Thirdly,in the bearing of the burden of proof,this article,by means of the elaboration of the burden of proof by the ancient Rome law and the foreign scholars,comparing the relevant provisions in the civil procedure law,and determines the distribution of the burden of proof in the trademark infringement cases involving the identification of the infringed products in the trademark infringement case.