| In the past ten years,with the rise and development of cross-border e-commerce,Chinese companies have frequently encountered trademark lawsuits in the United States and repeatedly lost them.Due to the significant differences in the trademark legal systems of China and the United States,trademark litigation has become an important factor affecting the sustainable development of Chinese companies in the US market.Throughout the US trademark legal system,the likelihood of confusion is the criterion for judging judicial infringement.The previous research on the remedy of trademark infringement in the United States mainly explored how individual factors affect judicial decisions.Facing the problem of trademark infringement determination and relief with the characteristics of complex decision-making process,it is difficult to accurately describe the results of the interaction of factors through simple linear analysis methods.Therefore,an in-depth study on how to balance the factors affecting the determination of the possibility of confusion affects trademark infringement relief will help Chinese enterprises accurately grasp the characteristics and trends of US trademark infringement determination and relief,and support the sustainable development of Chinese enterprises in the US market.Based on the theory of trademark confusion,this thesis starts from the judgment criteria of the likelihood of confusion in the US trademark system,and summarizes the factors of the likelihood of trademark confusion as trademark strength,trademark similarity,similarity of goods or services,trade channel crossing,product line expansion,consumption There are eight factors such as the degree of attention of the reader,the intention to use and the actual confusion.On this basis,the factors of likelihood of confusion are quantified through text analysis,and the influence path of likelihood of confusion factors on trademark infringement relief is studied by using fuzzy set qualitative comparative analysis method.On this basis,26 trademark infringement litigation cases of Chinese Shenzhen enterprises in the United States during 2014-2021 were selected,using R language,fs QCA4.0 software,and comprehensive use of NCA and QCA methods for empirical analysis.The research found that:(1)Low trademark strength,strong product line expansion,and good intentions of use are necessary conditions for low infringement relief;(2)In terms of injunctions for infringement relief,there are 4 paths that produce low injunctive support,but there is also 1 path The path is that counterfeit trademarks can generate high injunction support;(3)In terms of compensation for infringement relief,only one path generates low compensation support,and the other two paths generate high compensation support.This thesis analyzes the complex path of the factors of likelihood of confusion to infringement relief from the perspective of configuration,reveals the configuration effect of courts to balance the factors of likelihood of confusion,enriches the research on complex causal relationships in the field of trademarks,and contributes to the sustainable development of Chinese enterprises in the United States.Provides theoretical support and practical inspiration. |
