The Study On The Trademark Theory Of Initial Interest Confusion

Under the background of the development and prosperity of the market economy, brand plays an important role in the market transactions.No longer be limited to traditional trademark infringement behavior of the regulation of the trademark law,there is a new extensionthe form of trademark confusion theory that trademark theory of initial interest confusion arises at this historic moment. Trademark confusion extense to the actual purchase and the confusion is no longer limited to the buyer, but expanded to the general public.In this paper, the initial interest confusion theory aspect was evoluted and the causes of initial interest confusion was analyzed.I clarified the historical trace and detailed analysis the initial interest confusion of rules and justifications. In the theory of initial interest confusion, especially in the field of computer network,confusion possibility, which is different from traditional characteristics,the points of this paper were the discussion of the initial interest confusion in meta tags, domain names and keyword advertising confusion possibility.In this paper, with the help of American jurisprudence and judicial practice, combined with our country’s legislation and judicial practice, I take the comparison research method, positivism research method, case analysis research methods, systematically demonstrates the theory of initial interest confusion, determination and justifications.Initial interest confusion theory as a new theory, enriched the content of the traditional trademark confusion theory, and solved the new problems that were not regulated in the traditional theory of confusion. In absorbing the foreign judicial practice, under the research of initial interest confusion theory, it fully protect the trademark rights and the legitimate rights and interests of consumers.