The Study Of Initial Interest Confusion Theory

With the development of market economy, the trademark is not a simple symbolany more. It is becoming more and more valuable because it bears the reputation ofmanufacturers. So diverse behaviours of trademark infringement increases sharply. Inresponse to this phenomenon, the traditional theory of trademark infringement hasexpanded. The theory of initial interest confusion is one of them. Network became anemerging field of trademark infringement because of electronic business. And onaccount of network technology, network is overrun with trademark infringement. Theinitial interest confusion theory has great theoretical and practical significance tonetwork trademark infringement.This paper intends to research the initial interest confusion theory. Through theanalysis of the theory’s origination and development, the author puts forward to somesuggestions of completing the legislation. This paper is divided into four chapters.The first chapter is about the analysis of initial interest theory. It mainlyintroduces the legal original of initial interest theory as well as the origination. And itexpands the traditional trademark infringement theory.Chapter two introduces the initial interest confusion theory in the field ofnetwork trademark infringement lawsuit. This theory developed rapid after Brookfield lawsuit. This chapter illustrates the application of this theory in meta-tags, domainname and the network advertising.The third chapter is about the rules of the initial interest confusion theory. Thischapter illustrates the nature of the initial interest confusion theory. And fromtraditional trademark infringement theory rules the author analyzes the initial interestconfusion theory. At the same time,the author also analyzes the defenses.Chapter four analyzes the present situation of legislation and judicatory in China,and proposed to consummate Chinese legislation. The author considers that thelikelihood of confusion is an element of the trademark infringement, and consummatethe trademark fair use institution. We also need absorb this theory to consummate ourlegislation.The paper mainly uses comparative and empirical researching method to studythe initial interest confusion theory. The innovation of this paper is to prove that thistheory has positive significance regulation on network trademark infringementthrough the research of the initial interest confusion theory rules.The author suggeststhat the likelihood of confusion is the element of the trademark infringement andconsummate network trademark infringement types. We need to absorb the initialinterest confusion theory for protecting the owner of the trademark. And at the sametime, we need to consummate the trademark fair use regulation to balance the socialbenefit.