Justice Application Of Confusion Likelihood Theory

"Trademark Law" modification is a hot topic in recent years, practitioners andtheoretical circles, amendments to the provisions of section52of the trademarkinfringement of the Trademark Law is the largest. After several times of controversy,the confusion likelihood theory to the introduction of Article52from the TrademarkLaw as trademark infringement criteria have been reached broad consensus.However, for trademark infringement of Article52from the “Trademark Law”changes must not only be limited to the implantation of the confusion likelihoodtheory. Confusion likelihood theory is based on the sole basis of trademarkinfringement, likelihood of confusion expansion theory can also build legal regulation,as well as on the expansion theory is still under the framework of the "TrademarkLaw" and "Anti-Unfair Competition Law" difference, these problems still exist.This article aims to solve the above problems, from a theoretical analysis ofconfusion likelihood theory of judicial application of the domestic and internationaltrial practice. As much as possible so that the "Trademark Law"52modified morecomprehensive and complete. This is divided into the following three parts:The first chapter focuses on analysis of to confuse possibility theory as the solebasis for trademark infringement. That part of the departure from the point of viewof the statutory coexistence case of Budweiser as the starting point, crocodile casefrom the Supreme Court, inspiration, and a comparative study on the topic, drawingon the basis of the foreign legislation, obtained a confusion likelihood theory should not be used as the only benchmark to judge trademark infringement, but can play apresumed role. In exceptional circumstances, it subjective and objective elements toanalyze, draw conclusions.The second chapter focuses on analysis of confusion expansion theory is thesame as the confusion likelihood theory is regulation of laws. Discussed, the mostrepresentative of reverse confusion as an example for discussion. Firstly, from aneconomic point of view to discuss the dangers of reverse confusion, whichdemonstrated the need for regulation reverse confusion. Secondly, from a legal pointof view, at home and abroad has judicial instance for analysis, the same shall beregulated by law and eventually come to a likelihood of confusion expansion theory.The third chapter focuses on confusion expansion of the law applicable to thetheory. The same confusion likelihood theory, reverse confusion, pre-sale confusionin many aspects and market competition order, seems to be the "Trademark Law" and"Anti-Unfair Competition Law at the junction. The part of the pre-sale confusion asthe starting point, new old case, from the public Trackbacks case for clues. Thischapter focuses on the "Trademark Law" and "Anti-Unfair Competition issued a"different focus in the angle of rights subject, object, protection, imputation methods,and pre-sale confusion infringement analysis from the point of view, expansion theoryshould be included in the "Trademark Law" to adjust to the conclusion drawn on thebasis of confusion.