Research On Malicious Litigation Cases Involving Trademark Infringement

In recent years,with the rapid development of China’s market economy,business operators’ awareness of intellectual property rights is becoming stronger and stronger.As the carrier of goodwill,trademark and enterprise name build an invisible bridge between goods and consumers and become the advantageous weapon for enterprises to fight for market share.At the same time,enterprises focus on the high degree of recognition among consumers,deep influence of the brand trademark,and become an important means of enterprises to occupy the market.According to the provisions of the Trademark Law of China,the trademark acquisition system in China currently adopts the principle of prior registration.The trademark registration cost can be greatly reduced and the market recognition can be preempted by registering the trademark which has been used in advance by others.Any act concerning a registered trademark or any action to safeguard the rights and interests of a trademark shall be in strict accordance with the relevant laws and regulations of China,shall not infringe upon the legitimate rights and interests of a third party,and shall strictly abide by the principle of good faith.The trademark infringement dispute cases of "Uniqlo",the malicious lawsuit of Bitte Company and the trademark infringement dispute cases of Beijing Pangu Borui Company are all typical cases in which the malicious lawsuit is initiated after the malicious trademark registration and the prior user is required to compensate for the loss to achieve his illegal purpose.The main case of "Uniqlo" trademark infringement dispute has the following focal points of disputes: First,whether the use of the commodity marks involved by Uniqlo and Uniqlo’s Moon Star store infringes on the exclusive right to use the registered trademarks of Compass Company and Zhongwei Company;Secondly,whether Compass Company and Zhongwei Company actually used the registered trademarks involved in the case;Whether Uniqlo has used the accused infringing mark in the Internet promotion or whether the use of the case infringing mark on the product belongs to the trademark use stipulated in China’s Trademark Law and constitutes infringement.Third,whether compass Company and Zhongwei company abuse their trademark rights.Through three typical cases concerning the infringement trademark rights disputes in-depth comparison and legal theory,summarizes the components of the trademark rights malicious prosecution for: first,the main body of a malicious prosecution significantly without facts or legal basis.Second,the actor brings a lawsuit subjectively with malice.Third,the actor maliciously filed a trademark right lawsuit to cause losses to others,and the losses have a causal relationship with the actor maliciously filed a lawsuit.And the party who does not actually use the trademark in business will lose the exclusive right to use the registered trademark;When a registered trademark is not actually used and is recognized as a trademark right in a malicious lawsuit,the other party shall not bear the liability for infringement if it does not constitute trademark infringement,and the litigation cost arising from the malicious lawsuit shall also be borne by the party filing the lawsuit.