Determination Of The Trademark Infringement Under The Network Environment

Since the20th century, China has entered the era of the Internet, the Internet as a newscience and technology, greatly reducing the relations between people, between people andsociety of information exchange and exchange of time and cost, but also improve theinformation utilization. It not only promoted the development of the emerging e-commerceindustry, but also changed the trading community, but also changed the way of trademarkinfringement. Trademark infringement extends from the real world to the network, the resultis the traditional trademark infringement theory it brings can not fully adapt to thedevelopment of society well up. The traditional theory of trademark infringement believe thatthe intention is to produce the trademark will distinguish the source of goods and services, oropen, which is a trademark of all the features of the most important and basic functions.Standard in order to establish a likelihood of confusion became recognized standards oftrademark infringement. However, with the development of the network, relying solely on thelikelihood of confusion as a standard in determining whether trademark infringement hasbeen unable to meet the new development environment.2013China’s new revised the "Trademark Law", but the revised "Trademark Law" inthat standard has not yet involved in the network environment and the protection oftrademark infringement. Today is the era of the Internet, trademark extends from the virtualworld to real life, which means in the network environment trademark infringement willappear in real life different characteristics infringement, trademark infringement networkcompared to traditional trademark infringement more out of the hidden sex, geographicalcriteria dilute forms of infringement increasingly diverse characteristics. Therefore, fortrademark infringement network identification is necessary and urgent. In this paper,theoretical analysis, empirical analysis, comparative studies and other research methods froma four-part analysis, describes the network environment recognized trademark infringementThe first part is an introduction, the main topic of this paper describes the backgroundand significance, writing methods and innovations in network research status at home andabroad, as well as aspects of trademark infringement identified in this article.The second part is the definition of a trademark infringement under the network environment. In this section, discusses the impact of the first network of trademark protection,and then explain the concept of a series of trademark infringement under the networkenvironment, then by introducing "as for the network" case and its legal analysis, and finallyin the above basis elaborated on trademark infringement under the network environment inwhich there are new characteristics different from the traditional trademark infringement, andfor these new features to ask some questions, leads to the following identification oftrademark infringement.The third part mainly analyzes the elements of trademark infringement under thenetwork environment. This part carries on the analysis through the four elements of tort,compared with the traditional trademark infringement under the network environment, thushighlighting trademark infringement is different from the traditional trademark infringementcharacteristics.The fourth part mainly introduces the types of the trademark infringement under thenetwork environment, based on the analysis of different types to identify trademarkinfringement under the network environment. But under the environment of networktrademark infringement exceptions, that is, the rational use of trademark. The analysis ofseveral cases of the network environment of the trademark infringement, propose exceptionsof trademark infringement, it can make us trademark infringement behavior belongs to whatkind of behavior more in-depth understanding of network environment, what kind ofbehavior is permitted and approved.