Research On Legal Regulations Of Trademark Reverse Passing Off From The Perspective Of Goodwill Protection

Trademark reverse passing off is a special kind of infringement in many trademark infringements behavior.It is a relatively hidden form of trademark infringement with the development of social and economic times.Because of its particularity,the emergence of this behavior has also brought difficulties to the law of our country,its form of expression is often reverse the pretender to get rid of others of the original trademark on goods,then attach a new trademark,the goods back into the market.The special feature of trademark reverse counterfeiting is that it does not imitate or directly use other people’s trademarks,but through the removal of the original trademark on goods,make consumers to buy the goods not as recognition of the original trademark,it hinders the establishment of goodwill of the original trademark owners,and at the same time,it also interferes with the fair market competition order to a certain extent.Therefore,it is of great social value to study this behavior,which is also very necessary for the immature theoretical circle at present,and also helpful to improve the relevant legal regulation of this behavior.In this paper,on the basis of the original study,from the Angle of the goodwill value of trademark reverse passing off action is analyzed first,this paper gives the form and the development of the theory of reverse passing off,starting from the relationship between trademark and goodwill,to clarify the goodwill value of the discount and the relationship between the reverse counterfeit behavior,and then to practice the relevant case as the foundation,sums up the legal regulation of our country at present about the behavior of less than,again through the trademark reverse counterfeit behavior and dismantling,the path of the analysis of the damage the goodwill And,combining with the experience in the judicial practice in the United States,after processing of the reverse counterfeit behavior regulation question has carried on the preliminary discussion based on the analysis of the above theory research and practice,the author based on the legislative situation in our country,from the perspective of protection of goodwill,the trademark law and anti-unfair competition law are compared,and some Suggestions of our country trademark reverse passing off behavior of rules and regulations,shall rely mainly on trademark law,anti-unfair competition law as supplement,and at the same time put forward the corresponding Suggestions for the two laws,perfecting our country’s regulation of trademark reverse passing off.