A Study On The Determination And Responsibility Of Commercial Appearance Contouctive Tort

This study is going to research the concept and liability of confused tort of trade dress. By analyzing the concept and features, the legal basis, elements, principles of liability distribution, discussing how to define and take responsibility of the tort. For example, the definition of confused tort of trade dress should follow four elements, and be restricted by laws, judicial interpretations as "Anti-Unfair Competition Law", "Trademark Law", "Patent Law" and so on. Liability of confused tort of trade dress should be determined with the loss of victim or the profit of infringement.The paper is divided into four parts besides the introduction and conclusion.The first part researches the concept and features of trade dress confused act. First, defining the connotation and extension of the definition of trade dress to explain the appearance of trade dress in legal and economic, in order to explain the importance of trade dress protection for economic and social development; second, researching the concept and elements of confused act by explaining the chara-cteristics in several aspects.The second part recognizes the legal basis for tort liability. First, explaining actuality of confused tort of trade dress in domestic laws via researching relational laws, judicial interpretations. Second, identifying principles of liability for fault or no-fault; finally listing constitutive elements of confused tort.The third part studies how to judge a confused tort of trade dress. Analyzing two aspects of theory and judicial practice about the tort and defining which act can be called confused tort, using trade dress which be undelegated and causing damages to the obliges.The fourth part studies the liability of confused tort of trade dress. Based on the "Anti-Unfair Competition Law" Article 20, researching tort responsibility and the rights remedy of victims. First, researching how to analysis the expense which can be identified of the victim; second, researching how to remedy the expense of victim when their direct loss can’t be counted, which be determined by the offender’s benefit.