Research On The Seller's Liability In The Case Of Trademark Infringement

As the main body of liability in most cases of trademark infringement and unfair competition,regulating the relevant issues of the seller's liability is conducive to resolving the increasing disputes of intellectual property cases and gradually optimizing its business environment.Therefore,this paper chooses three focus issues that are more prominent in the current judicial practice cases: the identification of pure pre-sale confusion behavior,the identification of the subject of responsibility of individual business and the evidence of legal source defense,as well as the identification of the liability for damages in the cases of intellectual property infringement and unfair competition disputes,and makes a specific analysis,hoping to summarize the unity It is easy to solve similar problems.In the first part of the article,the author explains the behavior identification of presale confusion,which is also known as "initial interest confusion",which refers to the behavior that the buyer and the seller confuse the goods or services that the consumers intend to buy before the parties produce the meaning of the traded goods.In the real economic life,some businesses will use the trademark of the trademark obligee in their posters,shop plaques and other places,and the products sold in the shop are not the products of the brand.This kind of behavior is controversial in trial practice.Some courts think that it constitutes infringement of the right to exclusive use of trademarks,some think that it constitutes unfair competition,and some think that it constitutes both infringement of the right to exclusive use of trademarks and unfair competition.The author makes an in-depth study on the rationality of the above-mentioned views through case sample analysis,and puts forward the author's views.The second part of the article explains the legal source defense of the sellers,and the judicial organ also uses its actual proof ability and the actual situation of the case to judge whether it has reached the proof standard of inner conviction.At the same time,in the case of foreign-related licensing processing,because the entrusted party processes the relevant infringing products according to the entrustment contract signed between the entrusted party and the entrusting party,at the same time,the product has the corresponding trademark legal registration qualification abroad.Before processing,the entrusted party processes according to the qualification and sells relevant products overseas.As for the above issues,whether the trustee constitutes trademark infringement and whether it can defend this right based on legal sources to exempt its liability for compensation has always been the focus of legal debate.Finally,this paper explains that in the case of the coexistence of intellectual property infringement and unfair competition,the judicial organs have different views on the determination methods of damages for related acts in the final judgment,and puts forward the judgment ideas supported by the author.