Identification Of Infringement Of Trademark "reverse Confusion"

With the rapid development of the global economy,the role of trademarks in the market competition is increasingly evident,the trademark field of unfair competition behavior has become diversified,its characteristics from the direct,simple model gradually changed to a more hidden,advanced model,reverse confusion is such a form of infringement,Different in the past,the relevant public believes that the goods or services of the user after the trademark comes from the positive confusion of the first user of the trademark;Reverse confusion is the use of the goods or services that the relevant public considers to be the first user of the trademark to originate from the trademark.Hot events such as the "new Banlance huge compensation case" and "' MK ' trademark infringement case" in recent years,behind the frequent occurrence of such cases,reflect the lack of clear understanding of its harmfulness and the constitution of tort in our country's legislation and judicial practice,which makes it difficult for the court to find a clear basis in making its judgment,To a certain extent,it indulges the improper competition behavior,combats the reasonable trust of the trademark prior to the use of its trademark and harms the legitimate rights and interests of the consumer.Firstly,through the characteristics of the reverse confusion of trademarks and their distinction with related behaviors,combined with the interpretation of reverse confusion and the study of relevant jurisprudence in academic circles and judicial circles,this paper analyzes and interprets the relevant basic theories of reverse confusion,so as to try to define the meaning of reverse confusion,and to overturn the narrow definition of reverse obfuscation tort in the early theoretical circles.After that,this paper further analyzes the necessity of reverse confusion in terms of efficiency and fairness,demonstrates the legitimacy of prohibiting reverse confusion,and locks out the barrier to break the limitation of trademark right system,which is the breakthrough of introducing reverse confusion as a tort mode.Secondly,this paper extracts and summarizes the present situation of the judicial practice on the reverse obfuscation regulation from the relevant jurisprudence of our country,and probes into the existing defects: first,the lack of the identification of reverse obfuscation infringement in China's trademark law makes the decisions of each court on the case impossible,and the second is to find that the confusion is not centered on the consumer,It's hard to convince.Finally,combining with the contents of the previous article,starting from the problems in the reverse confusion regulation in our country,studying the similar research abroad,and proposing the fourth revision of the trademark law,we try to stipulate the following problems: On the one hand,the reverse confusion of the special legislation system makes the case judgment legal and rules-based,and on the other hand,Constructing reasonable reverse obfuscation tort dispute resolution mechanism,taking "multi-factor Comprehensive case analysis method" as the rule to define tort,make the tort determination of reverse confusion more close to the reality and play its due role.