Commentary Analyze Of The Case Of Trademark Infringement And Unfair Competition Of Suzhou Straub Company

Trademark protection problem has always been the core issue of trademark law. And it also is a hot problem in the legal science.With the further development of market economy, the trademark is not only the difference between the various commodities, more become the symbol of corporate reputation and consumer shopping guide.Therefore, to strengthen the protection of trademark rights, not only can better protect the legitimate rights and interests of consumers, but also can make enterprise good faith production, further promote the fast and good development of the socialist market economy.Trademark is not reasonable use, is likely to cause the double violation of holder of the trademark and the existing competition order. Therefore, trademark use behavior must by the he dual regulation of the trademark law, and the anti-unfair competition law.From the angle of Suzhou Straw Cuny’s trademark infringement and unfair competition case, the author thinks that the components of the trademark infringement shall take three elements theory. It means the same or similar goods, the same or similar trademark and trademark use behavior.At the same time, the author determine whether a particular size for well-known name, you can refer to the well-known trademark criterion, namely the application condition of identifying a resound brand, on the basis of specific analysis, relax appropriately identified conditions.Finally, the damage compensation responsibility holder of the reasonable expenses shall be included in the process of human rights lawyer fee.Suzhou Straw Cuny’s trademark infringement and unfair competition case judgment suggests that the current law of our country, there are some drawbacks in apply the law in the legal practice also have wrong. To prevent the occurrence of such cases, to make sure to have been such cases get a fair verdict, and at the same time of perfecting the relevant laws, the legal basis and the content of the thoroughly straighten out the legal substance is also very important.