U.S Trademark Reverse Confusion And Its Referential

The paradigm of trademark infringement is a newcomer entering a market with amark so similar to an established competitor's mark that potential purchasers arelikely to be confused or misled into believing that the new product is the competitor'sestablished product, or the new product is from the established competitor, or that thenew product is somehow endorsed, sponsored or approved by the establishedcompetitor.In some cases the subsequent user's promotion of the mark may so overwhelm the useby the prior user that most purchasers come to associate the mark with the subsequentuser. This can result in reverse confusion-purchasers are likely to believe that thegoods sold by the prior user are actually those of the subsequent user.Reverse confusion is similar to direct confusion in that it examines whether atrademark has been infringed; however, it is also a legal phenomenon distinct fromdirect confusion in that the market positions and motivations of the parties arereversed.Partâ… describes the history of the reverse confusion doctrine. Part I also definesreverse confusion and explains how it differs from direct confusion in trademarkinfringement.Partâ…¡discusses the legislative intention of reverse confusion and there are moreconfused interests conflicts comparing with forward confusion, which substantially are about conflicts between equality and efficiency.Partâ…¢discusses certain conditions should be satisfied in the application of reverseconfusion doctrine. When applying the direct confusion test to a reverse confusionclaim, some factors must be remodeled. This part also describe the famous judgmentabout dual use terms.Finally the note analyze the reverse confusion doctrine could be applied basing ondifferences of Sino-US trademark system and existing registrations in trademark lawconcluding how to refer to U.S doctrine and establishes the reverse confusion systemin our country.