| Trademark plays the role of distinguishing the source of goods or services.As a distinguishing mark,trademark is emerging in today’s society.The importance of it is self-evident.With the high-quality development of China’s market economy,trademark infringement disputes are also on the rise.Both the discussion of trademark infringement judgment standards in domestic theoretical circles and judicial practice are increasingly taking the possibility of confusion as the core standard for identifying trademark infringement.This paper only discusses the problems existing in the current trademark infringement judgment standards,as well as the subsequent identification of confounding acts of unfair competition,hoping to promote the improvement of the trademark field and the anti-unfair competition field.From the perspective of the dispute case of trademark infringement and unfair competition between Guangdong Jiabao Group Co.,LTD.and Xinxing Xianxianle liangguo Industrial Co.,LTD.,this paper analyzes the problems of trademark infringement and unfair competition in China by using case study method and literature analysis.This paper is divided into three parts: introduction,text and conclusion,and the text is divided into four chapters.The structure of the whole article belongs to the total score and total relationship.The first chapter is a general introduction of the whole case and a combing of the focus of the dispute.The second chapter is to analyze specifically whether the company constitutes trademark infringement or not,which is the controversial focus of the case.This chapter is divided into two sections,which belong to the total score relation in the style structure.First,the general description of the standard is given,and then the analysis of whether the case has justifiable defense grounds is made.The third chapter is to analyze whether Xianxianle,the focus of the dispute,constitutes unfair competition.This chapter is also divided into two sections,which also belong to the total score relation in terms of style structure.First,the general specification of the standard,and then into the case to prove that the Xianxianle constitutes the act of unfair competition confusion behavior.The fourth chapter is the thinking and suggestions caused by the case,which is divided into three sections.They correspond to the above controversial respectively. |
