Study On Initial Interest Confusion Theory

On the early stages of searching commodity，purchasers may be confused by thegoods that contain similar mark. However，after further examination of goods orservices,purchasers will not make the wrong purchase decision based on themotivation errors caused by confusion. In this case, misconduct still constitute thetrademark infringement or unfair competition according to the initial interestconfusion theory. Although this theory has a realization of the trademark law purposeand it also can play an important role of the maintenance of trademark goodwill.However, the application of this theory requires some boundaries. Because actions areconsistent with the initial interest confusion does not mean that constitute clingtrademark goodwill. The actions may even provide more convenience for consumersto get more purchase information and may be available to consumers more choicesand reduce the purchase cost. We need to explore the necessity for the protection ofthe initial interest confusion. The aim of this study is by combining the analysis of alarge number of related cases, establish our understanding of this theory and provide areference for the handling of similar cases. At the same time, play a positive role inthe modifying and improving on China’s trademark law.