Research On Trademark Infringement Of Selling Repackaged Goods

With the rapid development of modern society and economy,the market competition environment is increasingly fierce and complicated.In order not to be eliminated in the fierce market competition,businesses will try to improve their competitiveness and attract more consumers.Some of them will focus on the packaging of goods.Consumers tend to be based on their own aesthetic or demand for goods of different specifications and other reasons,in the purchase of goods they choose different commodity packaging,then some sellers with this situation,after the production of goods bought others,on the original goods packaging,attached with the original trademark to sell again,to rise to attract consumers,and enhance the role of sales.However,because this kind of behavior involves the use of others' trademarks,it has attracted the attention of some trademark owners and appealed to the court.However,the judgment standard of this kind of cases is not the same in practice.Many scholars in the academic circle also have great differences.The purpose of this paper is to analyze the behavior of reshipment and resale of goods,clarify the infringement boundary of such behavior,confirm the legal basis for trial of such cases in practice and provide reasonable Suggestions by studying relevant cases and legal provisions at home and abroad.The main body of this paper is divided into three parts.In the first chapter,the behavior of reloading and resale of commodities is summarized,the causes of such cases are briefly understood,and the boundary of the behavior of reloading and resale of commodities discussed in this paper is confirmed.Then the author narrate some legal problems caused by this behavior,puts forward some typical cases in China,and lists the differences in judgment thinking and legal basis in practice.The second chapter is the core part of the article.Start at three levels.First,it is discussed whether repackaging and resale of goods by merchants is the trademark use of others' trademarks,and the premise of possible trademark infringement is clarified.Further analysis of whether the principle of exhaustion of trademark rights can be applied to this kind of behavior,in the process of analysis,we need to further determine the core issue,that is,whether the behavior of repackaging and resale of goods has damaged the quality assurance function of trademark.After defining the boundary of infringement,this kind of behavior and the legal application of the current trademark law are discussed.The third chapter mainly discusses the means to exclude the possibility of such ACTS of infringement and some legal Suggestions.Put forward to make the seller and the trademark owner can reasonable profit,eliminate the harm of others,and in view of the above discussion found in the process of some legislative issues put forward reasonable Suggestions.