Reverse Passing And Trademark Infringement Identified

Reverse Passing and Trademark Infringement identified—To "Winfield v. Beijing Hua Na case " Abstract Entering the 21st century, the world come into a brand management era, thetrademark takes more frequent, more fresh form appearance in our life. Because thetrademark can bring the company beyond- imagination huge profits, so there are oftentrademark infringement cases in the main driving forces. Also, because fake infringermore incline to implement trademark reverse counterfeit behaviors which tak the smaller-cost risk,. So trademark reverse fake behavior is becoming a common case type in thetrademark judicial practice. Today, the trademark is not just words, figures, graphs, color, or combined form ofglyphs, but businessmen of market information and prestige, to strengthen the trademarkwhich marked the competitiveness of goods, so mark became producers and consumers'direct tie. In the reverse case the authorization of the people of the original marks'removal or replacement of the case, for trademark owners of it. mark counterfeitingpractices the reverse as well as consumers and trademark of the legitimate rights andundermine a fair competition in the market order which is both a consumer behavior andacts of unfair competition and trademark infringement. In their daily businessmen ofbusinesses to reverse any such behaviour is not deep and even strangers, trademarkrights are often being invaded and without notice. from its look, usually hide, cannot beeasily found, chich were faced the counterfeit of proof..From the law in content, ourcountry only dominant counterfeiting practices the occult, has not explicitly mentioned inthe reverse counterfeiting practices, the trademark protection is not to be specific andcomprehensive, the court chich met similar cases could not find the proper law. the trialresulted in enormous difficulties.。The text proposed by the "Winfield v. Huana of beijing", the most representativecase, from our trade mark counterfeiting law backwards and counterfeit trademarks.Itstarts with several centres of its constructive conditions, quality, the onus of proof of thedistribution and reverse infringer should accept liability, and analyze the problem of theplausibility of canova's law and rule of the reverse situation。Pointed out that the relevant laws need to be improved, to specific and improve the reverse counterfeiting practicesand regulations, to protect the trademark's owner, the consumer's rights andinterests.Safeguard that the whole market continues developing healthyly andpromoting their businesses. Key words:trademark, reverse fake, proof, regulation...