The Study Of Confirming The Recessive Infringement Of Trademarks

The Internet as a new type of information exchange means plays an important role in people's daily life, in particular, the emergence of search engines is an even more revolutionary advance in the Internet age. However, it has brought in Gospel to the spread of trademarks, but also gives great challenges to the traditional theory of the trademark infringement. As the marks can indicate the source of the goods, especially, a well-known trademark even rallies enormous goodwill, these trademarks are becoming the objects of the trademark infringement in the new Internet era. We call the new type of trademark infringement recessive trademark infringement. Although it is the extension of the traditional trademark infringement in the Internet age, there are a lot of new features which are very different from the traditional ones. The recessive trademark infringement is hidden, complex, and the regulation in the China's Trademark Law and other relevant laws is rare, therefore, we have great difficulty in confirming this manner of infringement. In addition, the different understandings in theoretical circle lead to different considerations, so it is necessary to study the recessive trademark infringement.The author uses a dialectical analysis to assess the different points of view, and puts forward the author's view. The author thinks the considerations must comply with China's actual conditions, this can help us resolve the trademark infringement more quickly. There are five parts in the text, and the second and the third parts are the focus of the study, which concern the considerations in confirming and the trademark infringement defense.The first part introduces the concept of recessive trademark infringement and the representations of it, there is a brief description relevant to the search engines and the meta tags, which paves the way for the following text.The author introduces the trademark infringement issues and considerations when identify, which is the focus of this article. The intent to use trademarks and the trademark confusion theory are very important. The author brings in the initial interest confusion theory in the base of the traditional trademark infringement, analyze and argue the theory in the form of the case. The author also introduces the research situation in China and in America, she thinks the theory also suitable to Chinese national conditions.She analyzes the trademark infringement defenses in the third part, including the invalid trademark, the allowances of the trademark owners and the fair use, the third one is the most important. The issue mainly concerns the commercial fair use, supporting by the case. In addition, the author introduces the criterion of the fair use.The fourth section describes the differences among the recessive trademark infringement, unfair competition and the trademark dilution. The author also introduces the framework, the shortage in our traditional trademark theory. To solve these problems, she proposes some recommendations.