The Legal Regulation Of Online Store Infringing The Right Of Trademark

With the development of network technology, the electronic commerce trade market inour country has developed rapidly, online sales has became an important channel. Onlinebusinessman driven by interests begins to carry out online trademark infringement behaviors,steals the commerce interest which belongs to the trademark owners. How to perfect thecurrent network supervision legal system, regulate network trademark infringement behavior,has become an important research subject in scholars’ eyes now-days. With the related theoryof tort law and trademark law theory, we want to analysis the trademark infringement case ofNippon company v. Zhanjin company and divide the paper into five parts.The first part introduces the case of Nippon company v. Zhanjin company and finds themain dispute of the case.The second part is about the judgment of the online infringement trademark rightsbehavior. The judgment of the infringement is the basis of using the laws and regulations, theauthor puts forward a applicable judgment standard of online trademark infringement, byanalyzing and the traditional trademark infringement standard. First, a person is withoutpermission by the trademark owner; Second, the trademark is used for commercial purposes;the third, the using of trademark may lead to confusion. At the same time the authoranalysis the present online trademark infringement cases, online trademark infringementbehavior mainly includes sales tort and advertising tort.Online sales infringement behaviorand the traditional trademark infringement behavior have no difference in essence. Thetraditional trademark infringement breakthrough the reality space limitations. so the judgmentof the online infringement trademark rights behavior may be the same. Online advertisingtrademark infringement behavior includes web infringement trademark and link infringementtrademark. And web infringement trademark also includes name shop with the trademark anddescribe the goods in the web with the trademark which is owned by others. Linkinfringement trademark includes using the trademark in the link and using trademark as akeyword set in her own web page code. Because the forms of online advertising trademarkinfringement behavior has some difference with the traditional trademark infringement, sothis paper uses new judgment standard which is mentioned in the second part of the paper and also introduce the judgment principle-”initial interest in confusion”. The author thinks that allthe behaviors mentioned in the paper has infrigement the interests of the trademark ownerexcept the description of goods.The third part is evidence of online infringement trademark. This part mainly discussestwo qusetions, the proof effect and the burden of proof in proofing the soure. According tothe civil procedure law (2012revision)"and the judicial principle of" who advocate, whoproof ". Electronic evidence has become one form of the evidence in the civil procedure law(2012revision).The fourth part is the legal responsibility of trademark infringement. The legalresponsibility of trademark infringement should mainly make compensation for the economiclosses. This paper mainly analyze the legal responsibility of cessation of infringement andmake compensation for the economic losses.The fifth part is new management mode of online infringement trademark. Onlinetrademark infringement is one new infringement phenomenon and our country domestice-commerce transaction has a late start, so the regulation about online trademark infringementbehavior research also lags behind foreign. This part mainly introduce the current law ofregulating the third party trading platform, taobao mode and overseas eBay model. And theauthor gives his own suggestions about how to perfect the regulation of online trademarkinfringement behavior,and hopes that the paper can help to perfect the regulation.