Legal Analysis Of Trademark Infringement Case Of Wuliangye Company Suing Binhe Company

Trademark is the most common mark in our daily life to distinguish the source of goods or services.With the development of economy and society,the function of trademark is becoming more and more abundant.In addition to being an important part of the product packaging picture,the well-designed trademark with profound implication can well decorate products and beautify packaging,making consumers happy to buy.At the same time,it can promote producers and operators to ensure the quality of goods and services,maintain the reputation of trademarks,and promote the development of socialist market economy.The trademark contains great commercial value,especially the well-known trademark with long publicity time,high public awareness,long use duration and wide geographical range.Driven by interests,well-known trademarks are often prohibited by "famous brand".Although famous brands will rush to register some similar trademarks when registering trademarks,there are still many cases of high-profile trademarks being copied.Wuliangye is one of the well-known liquor brands in China.Its unique naming method "number + liangye" has been used for a long time,and obtained a very strong significance.In the market,"n-grain-liquid" such as Sanliangye,Qilangye and Jiuliangye borrows the famous brand "Wuliangye",which is a typical brand-name trademark,of which "Jiuliangye" has the highest sales volume.According to the official press release of Jiuliangye,Jiuliangye is the fifth business card of Gansu Province after the Yellow River,readers,Mogao Grottoes and beef noodles,once known as the No.1 brand of high-end famous liquor in Gansu Province.Taking Wuliangye company V Binhe company for example,this paper analyzes the dispute focus of this case,hoping to provide practical experience and theoretical reference for solving the similar problems of trademark identification and the identification of tort liability in the class of "near famous brand" infringement cases.The case of Wuliangye company suing Binhe company for infringing the exclusive right of trademark is typical and exemplary,which can beused as the trial experience of courts at all levels in China.The thesis is divided into three parts:The first part is a review of the case.By expounding the basic case and analyzing the judgment results of the courts at all levels in the first instance,the second instance and the retrial,the dispute focus of this case is obtained.The second part is the legal analysis of the relevant dispute focus of this case.First of all,it analyzes the actual use of the trademark in this case,and whether the use of the trademark infringes the exclusive right of Wuliangye company's registered trademark.Secondly,it analyzes the theory of similar trademark identification in the first and second instance of this case.The core criterion of judging whether two trademarks constitute similar trademarks is whether they are likely to be confused.When judging whether they are likely to be confused,we should comprehensively consider a variety of specific factors,including the popularity,significance,and characteristics of the goods involved.Finally,it analyzes whether the patent right of design and the defense of descriptive use put forward by Binhe company are tenable.The third part is the legal thinking caused by this case.First of all,this paper analyzes the difficulties in the identification of trademark use mode in trademark infringement cases,and puts forward judicial and legislative suggestions for trademark infringement cases caused by trademark use mode.Secondly,it analyzes the problem of identifying similar trademarks in trademark infringement cases in China,and puts forward corresponding solutions based on the trial experience and theoretical analysis of this case.Through the above discussion,I hope to provide theoretical support and practical experience for the judicial practice of China in the trial of disputes and similar trademark infringement cases caused by the use of trademarks.