The Determination Of The Amount Of Compensation For Infringement Of Infringement Of Trademark

There are differences between reverse mark confusion and forward confusion.It needs to be distinguished in judicial practice.There is no explicit provision for reverse confusion in related laws in China.However,the theory of reverse confusion has been accepted and recognized by some courts in China and will be reversed.Obfuscated" written to the verdict.However,when the court judged the damage compensation for reverse confusion and infringement,it did not calculate the difference because of its particularity.Instead,it directly judged according to the positive and confusing compensation calculation method,resulting in the backward confusion of different cases and the gap between the different levels of compensation.In order to solve the problems existing in the computation of reverse confusion and infringement damages in judicial practice,we need to conduct in-depth thinking and research on the basic theory of reverse confusion,the damage compensation factors referenced by the court's decision to reverse confusion,and the applicable compensation calculation methods.This article starts with the "New Balance" trademark case that has caused great controversy and discusses the problems in the judicial practice of reverse confusion and infringement damage compensation.First,it introduces the concept of reverse confusion,unfairness,constitutive elements and expressions,and reverse confusion.By studying the difference between reverse confusion and positive confusion,we explain why we must treat the reverse confusion damage compensation method differently in judicial practice.Secondly,it introduces the different calculation methods of the Chinese and American courts' reverse confounding cases of infringement damages,and analyzes the different reference factors applicable to the case of reverse confusion between the courts of the two countries.Finally,based on the typical cases of the courts of China and the United States,the author proposes how to apply the calculation method of the damage compensation in the case of reverse confusion and infringement damages,such as correct understanding of the compensation method for infringement and use of corrective advertising.Expenses and punitive damages and licensing fees,etc.These reference factors include:the value of the trademark,the subjective fault of the infringer,the infringer and the trademark owner's own operating conditions.