| Today’s society is under the rule of the Internet under the rule of society,mobile phones,computer communications,social software to lead everyone’s life,so "Wechat","QQ","street" to replace the traditional letters,"Taobao "," Jingdong","a shop" instead of the traditional shopping malls,supermarket shopping.Mobile phone software App is its unique technical means affect our lives,let us appreciate a key shopping,home delivery convenience and a key to query the massive information fast,but the development of things have two sides,in the convenient and quick We must recognize the App software there are some shortcomings and disadvantages,which in the field of trademark performance is more obvious.In 2013,the introduction of new trademark law to China’s trademark protection and development has brought a lot of new ideas,but specific to the App trademark infringement,but there is no applicable law,and now China’s App trademark infringement increasingly serious,intensified,The Internet’s own concealment,openness,overtime,determines the App name trademark infringement cases of complexity,variability,multi-subjectivity.Faced with these new features,the previous trademark infringement theory can not be a good judge whether it is infringing,can not provide a new direction for the healthy development of the Internet.Therefore,it is necessary to explore the Internet in the App trademark infringement behavior,and then apply to the new situation under the law of the times.This article consists of three parts: introduction,text and conclusion.The main contents of this paper are as follows:In the first part,it briefly describes the basic situation of "for the net" case and the controversy that raised the traditional trademark can not solve this problem,and then explain the characteristics of the Internet App trademark,and explore the key to this new problem.The second part,the first of the App’s property analysis,whether it is a commodity or service to judge,and finally focus on the App name characteristics.The third part focuses on the identification of trademark infringement,and the research on trademark infringement is based on "confusion",but the infringement in the field of App has its own characteristics,and it can not be solved by relying solely on "confusion".Then the need to introduce the use of trademark as a basis for judging whether it is infringing,followed by analysis of the confusion in the App trademark infringement in the field of application and specific conditions.Finally,the return of "for the net" case from the use and confusion of the two aspects of the possibility of whether the uploaders are used and confused,and then the responsibility of the uploader to analyze.The fourth part introduces the method of judging the trademark infringement behavior of the application store,and then analyzes the specific behavior and practice of the application store,and draws the trademark infringement which will constitute the App name under the condition of satisfying.Then,The use of the store in the case of the behavior and should bear the responsibility.Part V,Provisions of the Safe Harbor Rules.This section mainly starts from the application of the rules of the safe harbor rules in copyright law,which leads to the introduction of this rule in the field of trademark law when dealing with the infringement of App trademark,and should be strictly applied to the specific content of the safe harbor rules(notice + Delete)to be analyzed,and then analyzed the App trademark infringement under the application store whether the application of the rules. |
