The Research On Passing Off The Unique Name, Package And Decoration Of Well-known Commodity

With the development of market economy, a large number of well-knowncommodities rise quickly, then some malicious competitors attempt to take thecompetitive advantage of them to sell their own products by means of passing off thewell-known commodity’ name, package and decoration, which seriously infringesoperators’ commercial reputation and economic interest as well as the interest ofconsumers. In juridical practice, the ratio of passing off litigations increases year byyear. Because the current legal provisions on protection of well-know commodity inour country is abstract, and the specific cases are full of complexity and particularity,which leads the courts to encounter many difficulties mainly on whether the goods arewell-known commodity, whether the name, package and decoration are unique, andwhether result in market confusion. This essay studies these problems by method ofcase analysis, which hope to make clear of the standard of well-known commodity，how to grasp feature of package and decoration and the judgment standard ofconfusion.The introduction is the purpose and significance of writing this essay. In this part,it expects to make clear how to recognize well-known commodity, the unique name,package, decoration of the goods and market confusion in the trail.The body part has three chapters. Chapter one talks about what are well-known commodity and how to tell them.Well-known commodity is the goods that are popular with related consumers within acertain market range. Well-known commodities are not the same as famous brand goods.During the trail practice, the judge should combine with objective elements ofcommodity to make a clear judgment.Chapter two cites the cases can reflect the problems on the specific characteristicof well-known commodities’ package and decoration. It’s about whether the Dovechocolate’s package and decoration has unique feature and whether “84” disinfectanthas become a genal name. By analyzing the generality and distinctiveness, mutualtransformation of the relationship between the generality and distinctiveness andjudgment standard of the unique feature, the essay concludes that Dove chocolate’spackage and decoration has unique feature. The invalid management in thesubsequent use of the “84” disinfectant result in the widely use in the market, whichslowly lose distinctiveness. So it has become a genal name.Chapter three selects the case to analyze the requirements of ‘whether it canresult in confusion. Then discuss whether the decided confusion of the case is anaccurate one and which factors should be considered. In judicial practice, the courtcan abide by the standards for ‘confusion possibility’provided in trademark law.Besides, commodity awareness, consumers’ ability of discrimination, sales model andetc. should also be considered.