The Cognizance And Legal Regulating Of Trademark Reverse Confusion

The case of "you are the one" triggered extensive discussions from all walks of life.One of the biggest controversies is the analysis of trademark reverse confusion.Reverse confusion originated in the United States cases,which refers to a trademark infringement,in which the confusion of the direction is different from the traditional forward confusion.Mistakes occurred in the source of goods made by prior trademark holder or user.At present there are many cases involving reverse confusion in China,all in accordance with the regulations of forward confusion in our country's trademark law,and punished with the traditional infringement compensation.however,there are many difference between forward confusion and reverse confusion in the aspects of performance characteristics,constituent elements and damage consequences,which leads to the situation “obvious distinctions of the sentences of the same kind of cases”.and criticized by many scholars.at present,The theory of reverse confusion and judicial practice are still very immature.first of all,which reflected that people are lacking the dangers of trademark reverse confusion.Second,whether in theorists or in the judiciary there are not a unified standard on the reverse confusion,and even the reverse confusion itself does not have an authoritative definition,which makes impossible to realize the targets of trademark law-protect the trademark owners,consumers,maintenance of market order.On the basis of the existing theory,this paper tries to make a suggestion on the identification of trademark reverse confusion infringement and the remedies of trademark reverse confusion through the analysis of the multiple cases.this thesis is composed by preface and main body and conclusion,the main body is divided into three chapters:The first chapter is about the controversy of the trademark reverse confusion.This section is divided into two parts.The first part describes the controversy of reverse trademark infringement in academia,which introduce the supporter's opinions of the trademark reverse confusion infringement and opponent's opinions of the trademark reverse confusion infringement on academia.The second part is divided into three sections analyzes the three typical cases about the trademark reverse confusion in the past few years.Summarizes the present situation of judicial decision in China and discusses the problems in the judicial practice of our country.So,It is necessary to discuss the cognizance and legal regulating of trademark reverse confusion.The second chapter is the analysis of the trademark reverse confusion infringement factors.The first section mainly introduces the origin and development of "reverse confusion" and the definition of "reverse confusion";the second section is the standard of reverse confusion infringement,and demonstrates the standard of reverse confusion infringement.The third chapter discusses whether there is necessary to manage the reverse confusion in trademark law.This section is divided into three sections,the first section is about the present situation of China's trademark laws,the second section analyzes a series of problems caused by the lack of legislation of reverse confusion.;the third section put forward the way to solve the problem,this paper suggests establish the cognizance standards of trademark reverse confusion and perfect the remedies of the trademark reverse confusion infringement.