Legal Issues On Trademarks Of Geographic Names From The Perspective Of The "Maoshan Goose" Case

The trademark infringement case of "Maoshan goose " finally got its judgment after two trials. While, the "Maoshan goose" case is just the tip of the iceberg, which reveals the deficiencies and shortcomings of rules of domestic trademark law. The debating point of the "Maoshan goose " case is whether the act of the defendant should be regarded as the trademark fair use or the trademark infringement. To some extent, it is the defects of current rules of the domestic trademark law that cause such different judgments in two trials. Focusing on the registration of trademarks of geographical names, the identification standard of the infringement of trademarks and the fair use of geographical names, this thesis analyses these three problems reflected by the "Maoshan goose " case.The thesis is made up of the introduction, the body and the conclusions, and the body is divided into four chapters.Chapter one is about the details of the "Maoshan goose " case. The cause, the process, the conclusion as well as the debating points of the "Maoshan goose " case are all showed in this part.Chapter two is the elaboration of the registration of trademarks of geographical names. The author gives a description of the attributes of trademarks of geographical names, and explains why the registration of trademarks of geographical names is internationally restricted by comparing the rules of domestic and foreign trademark law.Chapter three explores the identification standard of the infringement of trademarks. In this part the author introduces the rules of domestic trademark law on the identification standard of the infringement of trademarks and its judicial practice. The defects revealed by the "Maoshan goose" case and the identification standard of foreign trademark infringement are described. Then the author points out that " the possibility of confusion" standard should be employed as the key evidence of trademark infringement.Chapter four mainly discusses the fair use system of trademarks of geographical names. It gives some suggestions on the domestic fair use system by making use of the foreign legislative experience for reference. At the end of the thesis, the author gives analysis of the "Maoshan goose "case from the perspective of the fair use.