A Study Of The Trademark Infringement Cases Under The Lccm Theory

As the research field of forensic linguistics extends, the role of linguistics in lawhave become more and more obvious. Now the trademark infringement cases occurfrequently, however, the number of the researches on the trademark infringement fromthe perspective of linguistics is limited. The phenomenon of trademark infringementis both linguistic and psychological. The author endeavors to select five trademarkinfringement cases which are caused by confusion and dilution and adopts adescriptive and qualitative method to analyze these cases under the guidance of theLCCM theory (the Theory of Lexical Concepts and Cognitive Models). The Theory ofthe Lexical Concepts and Cognitive Models is a combination of linguistics andpsychology. The LCCM Theory can be used to analyze the features of the trademarkinfringement cases and explore the linguistic and psychological basis for trademarkinfringement. The author has drawn some figures of the partial cognitive modelprofiles for the trademark infringement cases caused by confusion and dilution. In theanalysis of trademark infringement, we have noticed that similar sounds, looks andmeanings are the major apparatus upon which the producers and merchants depend tocommit the trademark infringement, especially in the infringement cases caused byconfusion, for the consumers may often produce the cognitive errors in thosesituations. In most of the trademark infringement cases caused by dilution, theconsumers usually produce two cognitive model profiles and the functions oftrademarks are weakened. The author hopes that the researchers can pay moreattention to the trademarks and also hopes this study is helpful to the adjudication oftrademark infringement cases from some more perspectives in addition to what are theprevalent judicial practice.