Legal Analysis Trademark Infringement Of NISE Company V. Tang Zhuying And Taobao Company

The traditional intellectual property is divided into copyright, trademark, patent. With the rapid development of the network, the application of these intellectual property rights is gradually penetrated into the Internet. For traditional trademark, the Internet is like a double edged sword. On the one hand, the Internet is not only brought more development opportunities to trademark owners, so trademark owners can promote and sell their products through the Internet to expand the visibility and influence of trademarks. And let their products are more known and used by consumer awareness to bring more benefits for the enterprise. On the other hand, while extending the use of the trademark, the network of trademark infringement events also occurred frequently. The form of trademark infringement under the network environment is different with the traditional forms of trademark infringement. Borderless networks and the lag of law make the judicial relief of trademark infringement in the network environment is more difficult. Therefore, the legitimate and effective regulation of trademark infringement in the network environment is particularly necessary.This paper is to analyze the legal protection of trademark infringement in the network environment through a case of trademark infringement in the network environment. Through the legal analysis of the trademark infringement case of NISE company v. Tang Zhuying and Taobao company, is to lead to the focus must be considered when the courts deal with the similar cases. Furthermore, the paper is to put forward some suggestions to improve the legal protection of network trademark. This article will be divided into three parts to study the legal protection of trademark rights under the network environment:The first part is to introduce the case of NIKE company v. Tang Zhuying and Taobao company and lead the focus of the case.The second part is said to combine theory and the case to analyze four focus issues of the case of NIKE company v. Tang Zhuying and Taobao Company.The third part will say the thinking of the case of NIKE company v. Tang Zhuying and Taobao company. Such as, the issues of the Court’s jurisdiction over the network of trademark infringement, the liability limits of the network of trademark infringement, and so on. In addition, put forward some proposals to improve the legal protection of the network of trademark rights.