The Judgement Of The Trademark Infringement Under The Network Environment

The advent of the Internet age truly refresh the traditional trademark application form and the protection ideas.At the same time,The nature of Internet technology to break time and space constraints also brought a new proposition for trademark protection.First of all,Distinct regional characteristics of traditional trademark has been diluted by Internet.,The amplification of the trademark extension brings controversy for traditional trademark theory;Secondly,The development of Internet technology directly led to an endless stream of trademark infringement.Popularity of the Internet led to a large number of infringement form.Corresponding to the trademark protection complex situation,the relative lack of current trademark protection under the network environment,Theoretical studies have focused particularly recognized theory of trademark infringement under the network environment to be systematic and thorough.This paper aims to analyze the trademark infringement under the current network environment,and try to judge the trademark infringement under the network environment.The article is divided into four parts are expanded,The first part introduces the research background and significance,And sort out the main research status of this issue,Finally,Describes the research methods and research ideas.The second part focuses on the general theory of trademark infringement identified;The third section focuses on the new features and types of trademark infringement under the network environment,The former includes technical, concealment and pan-regional,The latter are mainly includes the trademark infringement concerned with the domain name、The trademark infringement related to the search engine、The trademark infringement related to network connection、The trademark infringement related to web advertising、The trademark infringement related to the Internet selling;The last part is the core content of this paper,Analyzing the criteria of trademark infringement under the network environment with distinguishing direct and indirect infringement of two categories.In addition to analyze the defense case of trademark infringement---Reasonable using of the trademark, Tease out the specific circumstances of the trademark,Such as the reasonable using of the trademark based on commercial freedom of speech.