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Compare Research Of Trademark Infringement

Posted on:2003-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:M JiangFull Text:PDF
GTID:2156360065960753Subject:Law
Abstract/Summary:PDF Full Text Request
This paper is discussed with the core problem in legal protection of trademark. It is the theory of trademark infringement. First,the paper is deliberated on the ownership theory from the basic concept of trademark infruigement-the rights of trademark;the proprietary rights of trademark;the exclusive rights to use trademark. Author confirms the reasonable of the trademark law adopting the term of exclusive rights to use trademark. And give the object of trademark infringement a definition with infringing the rights of trademark registrant or exclusive licensee. Then, author propose that objective standard of establishing infringement may be summarized as follows: To use a trademark in respect of the same or similar goods or service; To use a mark that is identical with or similar to infringee; Creating a confusion or a likelihood confusion. And the subjective standard may be summarized as know or should know. Meantime, author considers that according to the above objective and subjective standard and the infringement could be divided into the direct infringement (use infringement), the indirect infringement ( sale infringement). With a view to declare the fair and reasonable of law, author suggests that indirect infringer could undertake different liability according to his subjective intention as the direct infringer. At last, for the convenience of examine the trademark infringement from different direction, the paper includes some special problem of trademark infringement: the goodwill or fair use; the right exhaustion and parallel import; the prior rights; the practices of dilution; the well-known trademarks; the reverse passing-off;the link mark and domain name.
Keywords/Search Tags:Trademark infringement, Establishing standard, Liability principle
PDF Full Text Request
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