The Analysis Of Trademark Infringement Dispute Between Plaintiff Mr.Deng And Defendant Youchen Company

Along with the development of market economy in China, intellectual properties play a more and more important role in the market competition.There are more and more infringement to the intellectual properties. As one of the most important parts of intellectual properties, Trademark always to be the first to be affected. The trademark infringement dispute between Mr.Deng and Youchen Company is a typical case. First, similar goods identified is a critical issue and always related to whether there are trademark infringement. In this case, not only the ways to sell but also the customers are the same between Mr.Deng's goods and Youchen Company's "Jinsi meat muffin". So they should be similar goods at least. Second, even though Mr.Deng do not try to use his trademark in "meat muffin", it can not infer that he can't use his trademark prohibendi in the similar goods. Third, Youchen Company pointed that there are many company produced "Jinsi Meat Muffin". But this can not prove that the name "Jinsi Meat Muffin" has been a generic name. Actually, it may prove that the infringement situation is grim and urgent. At last, about the fare use, even Youchen Company do the right thing and comply with the "fare use" principle, we also should observe it's way is right or wrong. So, the court's standpoint is worth to discuss.