The Legal Regulation Of Trademark Parasitic Behavior

Trademark parasitic behavior refers to such a phenomenon that someone usingcertain means to establish contact with the well-known trademarks or brands withcertain fame in the industry, thus to achieve their commercial purposes and interestsby using the intrinsic value of such trademarks. If such behavior not be given enoughattention, it would destroy the normal contact between trademarks and consumers,even cause serious impact on the normal operation of the whole commodity market.The thesis will take the case of "Wang-Lao-Ji trademark dispute" as a breakthroughpoint, with the relevant theory of marketing,try to make a preliminary investigation ontrademark parasitic behavior with the relevant theory of marketing.The thesis includes about twenty thousand words and divides into five parts.In the first part, the author reviewed the case briefly, reported the status of thecase and indicated the parasitic behavior in the case. After the Guangzhoupharmaceutical Group regained the right to use the "Wang-Lao-Ji" trademark, JDBgroup altered the outer packing, changed the advertising words, picked theprosecution successively to attract the attention of consumers and to transfer businessreputation, all those means belong to the behavior of trademark parasitic.In the second part, the author tried to define the trademark parasitic behavior andconfirm its extension.Trademark parasitic behavior refers to such a phenomenon thatsomeone using certain means to establish contact with the host trademarks, thus toimprove their fame and to achieve commercial purposes and interests by using theintrinsic value of such trademarks. The extension of the behavior is very wide, inaddition to direct confusion, any behavior of using others’ goodwill will be regardedas a trademark parasitic behavior.In the third part,the author analyzed the value of trademark parasitic behavior.trademark parasitic behavior has its rationality in the real situation,forexample,trademark parasitic behavior such as comparative advertising, conceptualusing behavior can help to protect the rights to know of consumers, and to activemarket economy.But, because it is the behavior of using trademark goodwill by free,its harm can not be ignored. The reputation of host trademarks is easily diluted if this kind of behavior not be regulated, and it will hamper the implementation of economicinterests of host trademark, even lead to mislead the consumers, and to destroy thenormal order in the market.In the fourth part, the author analyses the main constituent elements of illegaltrademark parasitic behavior.Illegal trademark parasitic behavior includes someinfringements of trademark and unfair competition behavior. its constituent elementsinclude the illegality, the behavior of using the reputation of others’ trademark,theimprovement of own trademark, and the casual connection between the behavior andthe result. Based on those theories, the thesis analyzed that what kind of behaviorbelongs to illegal trademark parasitic behavior.In the fifth part, the author analyzed the legal responsibility of illegal trademarkclear parasitic behavior should bear. According to the existing laws and regulations inChina, the responsibility of illegal trademark parasitic behavior should includefollowing kinds such as cease the infringe acts, apologize and restore, compensate theloss, and according to the specific situation there will be different responsibilities tobear.