The Comment About Youyiku Trademark Infringement Case

The acquisition of rights should be based on the assumption of obligations.Abuse of power damages not only the authority of the law,but also the legitimate rights and interests of other people and social public interests.The abuse of trademark right is rarely mentioned in the theoretical circle,which is often included in the interpretation and analysis of intellectual property abuse.However,the hidden dangers left by the early development of China’s trademark law have gradually exposed over time,including the abuse of trademark rights.Various forms of abuse of trademark rights have harmed the legitimate rights and interests of other trademark owners,consumers’ consumption interests,and disrupted the normal operation of the trademark market.This paper intends to analyze the typical cases of trademark abuse,first generalize the basic case and trial results,from which we can draw two controversial focuses:whether it constitutes the abuse of trademark rights and how to apply the suspension of trial procedures to the field of trademark infringement.Combined with the case,the form of trademark abuse is divided into two parts.One is trademark abuse preparation for trademark malicious registration,that is,the perpetrator violates the legislative purpose and the principle of good faith of trademark law,and registers other people’s trademark maliciously,and makes relevant identification of "malice".The second is the form of trademark malicious litigation of abuse of trademark rights.The actor uses the above-mentioned malicious registered trademark to obtain illegal interests in the form of litigation,and uses the four elements of infringement to get the formula for judging trademark malicious litigation.In the field of trademark infringement litigation,the purpose of suspending the trial procedure is to stop the process and development of malicious litigation and put out the fire of malicious litigation in the trial stage,so as to protect the legitimate interests of the malicious litigants.The above-mentioned abuse of trademark rights can only be deterred and contained through the joint efforts of legislation,justice or state organs.Therefore,the author puts forward the corresponding legal opinions and regulations for the above three parts,so as to reduce the abuse of trademark rights,echo the legislative purpose of trademark law,protect the public interests and the legitimate trademark registration rights and interests of individuals,maintain the fair and fair competition order of trademark market,and promote the innovation and development of intellectual property.