| There is a special infringement method in trademark infringement.Now,our China does not have definite law theory about reverse obfuscation.In judicial practice,the courts adopt different trial standards for such cases due to different judges,and some of them judge according to the criteria of forward obfuscation.Judgment is based on the reverse obfuscation criterion.However,reverse obfuscation and forward obfuscation are two completely different types of torts.The rules of forward obfuscation and remedies are not applicable to reverse obfuscation trials,and the judgment of reverse obfuscation is adopted.The judge’s discretion is too large and excessive.The trial of cases with discretionary power not only increases the difficulty of adjudication,but also makes it difficult to achieve fairness and justice,and the disputes are relatively large.The handling of reverse obfuscation in judicial practice is not mature enough,mainly because China does not have a clear and unified identification standard for reverse obfuscation cases,which is not conducive to the trial and adjudication of reverse obfuscation cases.At the same time that interests cannot be protected,it is even more detrimental to the implementation of the Trademark Law and harms the fair market competition order.The main idea of writing this article is to analyze the legislative status of reverse confusion theory in China and the judicial status of reverse confusion theory cases,and to put forward the necessity of regulating the reverse confusion theory in the comprehensive legislative status of legislation.The rulings and theoretical scholars analyzed the research on the reverse confusion theory,and put forward the problems existing in China’s trademark reverse confusion theory based on the conclusions concluded.Formulate a solution to the problem,and put forward personal opinions for the formulation of the reverse confusion theory determination standard and the infringement relief measures.Chapters 2 to 5 are the main points of the full text and are mainly divided into four parts.The first part details the definition and origin of reverse obfuscation by introducing the classic case of reverse obfuscation in the United States,while distinguishing between the two concepts similar to reverse obfuscation.and proposes the necessity of regulating trademark reverse confusion.The third part analyzes the judgment standards of domestic related cases and scholars’ opinions on the theory,and analyzes the problems in the determination of reverse confusion in China.Finally,based on the above,an in-depth analysis of China ’s problems in reverse obfuscation regulation and case trials is made.it is suggested that the Trademark Law may try to regulate the following issues: First,the Supreme People’s Court can use judicial interpretation to expand the interpretation of “prone to cause confusion” in Article 57(2)of the Trademark Law to include “forward confusion” and “reverse confusion”.Secondly,formulate reasonable counter-confuse tort remedy measures,consider the principles and methods in civil law to guide the relief measures,and make the relief measures play their due role. |
