Research On The Remedy Of Reverse Confusion In Trademark Infringement

Reverse confusion originated in the United States,China has also appeared a number of reverse confusion cases in recent years.In the reverse confusion,trademark owners are mostly small enterprises that are not well-known.Infringers are often large enterprises.Large enterprises have attracted a lot of attention through their market superiority and through a large amount of manpower,material resources and capital.Relevant consumers will misunderstand that the post-trademark use talent is the trademark owner,and the real trademark owner has become a counterfeit.It is the small enterprise as the trademark owner that improperly uses the trademark of the large enterprise,and that the products of the small enterprise originate from the large enterprise or the small enterprise have some connection with the large enterprise to some extent.Reverse confusion separates the relationship between the obligee and the trademark,damages the goodwill of the obligee,and reduces the ability of the obligee to exploit the trademark to expand the new market.Because these losses are difficult to measure concretely,in judicial practice,it is extremely difficult to determine the reverse confusion loss and the amount of damages.It is common that the same case is judged differently.It is urgent to explore the loss of trademark owner in reverse confusion and determine the amount of damages.This paper starts with the reverse confusion of the state of domestic judicial practice,and illustrates the problems existing in the reverse confusion.Firstly,this paper briefly introduces the reverse confusion theory,and then identifies reverse confusion.Then the reverse confusion of trademark owner’s loss is discussed from four aspects,such as the loss of future sales of goods or services,loss of profits due to price erosion,loss of goodwill,and increased expenditure to eliminate confusion.Finally,the reverse confusion infringement relief is discussed from the calculation of damages,the licensing system,the punitive compensation mechanism,and the correction of the advertising system.