Legal Analysis On Trademark Infringement In OEM Trade

Original Equipment Manufacturer trade takes a large proportion of China’s international trade, and is one of the motive forces driving China’s economic development. At the same time, many manufacturers are stuck in trouble of trade mark infringement. These judgments of OEM related trade mark infringement made by our courts cause attentions from both manufacturers and academic circle. This thesis firstly introduces the two main contrary opinions about OEM related trade mark infringement by summarizing the NIKE infringement case. Then, paragraphs leads into these conceptions like the constitutive requirements of trade mark infringement, types of trade mark infringement, regional trade mark rights, etc. In the second chapter, the analysis is based on a specific situation. The conclusion of this thesis is drawn mainly from this analysis. The conclusion is focused on two aspects: infringement or not; doctrine of liability fixation. This paragraph will be divided into four parts, respectively are regional trade mark rights, the legal nature of the action of "using the trade mark" by manufacturers, the legal nature of original equipment manufacturing and the standard of confusion. The last chapter includes the preventive measures for trade mark infringement.