Application Of The Theory Of Initial Interest Confusion In Trademark Infringement Of The QR Code

In recent years,The marketing of two-dimensional code go into our lives quietly.Businesses use two-dimensional code as new marketing for commercial applications,which lead to increase the dispute of trademark infringement of the use of others' trademark,and damage the trademark owner and consumer 's legal interests.Faced with the new-style trademark infringement on Internet,the theory of traditional trademark confusion may not be applicable in it.the theory of initial interest confusion rose and developed in the United States,it emphasizes that the trademark infringer misleads the consumer with the popularity of the trademark of others,which make consumers confused about the source of goods and services.Although this misunderstanding has been eliminated in the actual purchase of goods or acceptance of service,the consumer may still be able to reach a deal with the trademark infringer.In comparison with the theory of traditional trademark confusion,The theory of initial interest confusion has the characteristics of putting potential consumers in confusing subjects and extending confused time to pre purchase,The problem of trademark infringement of two dimensional code can be dealt with well.It is of great practical value for the protection of the legitimate interests of the trademark owners and consumers.At the same time,The theory of initial interest confusion inherits the "likelihood of confusion" from The theory of traditional trademark confusion.although China's new Trade Mark Law" added "likelihood of confusion ",and determine the specific factors of confusion and the concrete content of fair use system of trademark in The provisions on Several Issues concerning the trial of trademark authorization in administrative cases.The time of confusion is still the"sale" of the traditional trademark confusion theory,which can not be well applied to the infringement of two dimensional code trademark under the Internet Environment.After thinking over the value of the theory of initial interest confusion,I think our country should extend confused time to pre purchase,include "potential consumers" in the range of confusing subjects.However,the protection of trademark rights should be limited,and a clear agreement should be made to deal with the system of reasonable use of defense.