The Study On Initial Interest Confusion On The Internet

According to the theory of trademark confusion, the key factor of identifying trademark infringement is whether any confusion or misunderstanding arouses by the consumer as to the source of a product or a service. With the development of market economy and the rise of network market economy, trademark infringement on the internet is more common and frequent, especially lies in the field of meta-tag, domain name, keying ads and pop-up ads, but we can not find a clear legal provision to protect trademark interests. Therefore, we should research the initial interest confusion and thereby improve the specific provisions of the Trademark Law of China with a certain necessity and urgency.I introduce the theory of initial interest confusion in this thesis, which is applied in trial of American court as reference to resolve these new types of trademark infringement, and suggest applying the theory of "initial interest confusion" to resolve those covered acts of infringement on trademark in the internet market of China.The theory of initial interest confusion is the newest development of the traditional confusion theory. The traditional confusion is aroused when a consumer buys a product or a service, while the initial interest confusion to a customer possibly occurs before buying. The potential consumer will be confused and desires to purchase a product or a service when the wrong competitor uses a trademark which is identical or similar to a registered trademark on the same kind of goods or similar goods to bait and switch him. However, the consumer eliminates such confusion by distinguishing it reasonably when making a purchase. Although the consumer has identified the truth, there still exists much possibility of purchase because of the substitute is maybe much cheaper. The protected interest entity of these two theories is also different. The traditional theory provides protection both to the consumer as well as to the trademark owner while the theory of initial interest confusion emphasizes the protection for the interests of trademark owner and maintenance of a fair market competitive environment. This text firstly introduces the theory of initial interest confusion and analyzes its origin and function. Secondly, it introduces some new forms of trademark infringements and the application to the theory of initial interest confusion in the trial of American court, and justifies its rationality and necessity. China should clear the definition of confusion in trademark legislation and introduce the theory of initial interest confusion, regulating the application of the theory by improving the system of trademark fair use.