The Study On Judgment Of Trademark Parody Infringement

Parody is a unique form of expression in the field of copyright.With the development of social economy and the progress of the times,parody has gradually moved from the field of copyright to the field of trademarks.Trademark parody usually refers to the fact that the imitator of parody modifies the well-known trademark of others,integrates his own creativity,criticizes or comments on certain social phenomena through new trademarks,and achieves the effect of humor and satire.The parody of well-known trademarks embodies the public's right to freedom of expression on the one hand,and the parody itself has social and cultural attributes,so the application of parody in the trademark field has its rationality.However,trademark parody may conflict with other people's trademark rights,constituting confusion infringement or dilution infringement.Both of the above infringements will damage the trademark rights of others,and even reduce consumers' evaluation of well-known trademark goods or services,thereby damage the goodwill and commercial interests of the original trademark owners.With the continuous development of China's social economy,trademark parody has begun to emerge,so it is necessary to improve the rules of judging trademark parody infringement as soon as possible.From the two perspectives of confusion and dilution,the tort determination rules of trademark parody is differentiated and analyzed in this paper.Firstly,this paper briefly describes the criteria of trademark infringement in confusion theory and dilution theory in China and the United States,and then illustrates the impact of possibility of confusion and dilution infringement criteria on the determination of trademark parody constituting infringement through case studies.Finally,different scholars' views on trademark parody infringement cases are analyzed and summarized.On the basis of the above contents,the author puts forward some suggestions to improve the judgment rules of trademark parody infringement in China according to the current situation of legislation and judicature in China.Through rethinking on "reasonable use" and "non-commercial use",and demonstrating the rationality of "trademark use",the latter is finally chosen.Meanwhile,this article also uses the "The Infusion Approach" inAmerican judicial practice to judge whether the trademark parody is infringed.In conclusion,the author puts forward suggestions on the judgment rules of trademark parody infringement in China through three steps.