Research On Damages For Trademark Reverse Confusion

In recent years,trademark reversal of infringement cases has been increasing,and the protection of intellectual property rights has attracted more attention.Regarding the handling of reverse confusion cases,especially the issue of the determination of the amount of compensation for infringement damages.Thus the judicial practice award standards are not uniform,it is easy to produce unreasonable judgments.This makes the theoretical and practical circles around whether the trademark reverse confusion system should be included in China’s trademark law system,and the calculation criteria for damage compensation in such cases have been discussed many times.This paper starts with the relationship between reverse confusion theory and traditional confusion theory,as well as related concepts and typical cases,and proposes the necessity and purpose of trademark reverse confusion system.The nature of the infringer does not use the right of the right holder’s goodwill,but attempts to engulf the rights holder’s trademark and seize market share.For such special infringement cases,the existing compensation standard lacks the applicable space.Secondly,combining with the status quo of legislation and judicial practice,this paper analyzes four methods of calculating the damage compensation in China’s trademark law,and analyzes it.It concludes that the traditional calculation method is not applicable to the determination of reverse confusion damage compensation.Moreover,in the judicial practice,there are two major problems of mechanical application of “infringer profit” and excessive application of “legal compensation”,and lack of arguments for the losses made by the right holders and the results of the judgment.In addition,there should be an essential difference between the two as the logical starting point of loss identification,based on the evaluation of trademark market value,the principle of comprehensive compensation,the free choice of compensation method is the basic idea of the judgment of the reverse confusion case,and strengthen the judgment and actuality.Argument between losses.The last part,the author’s point of view and suggestions,China’s trademark system should establish a trademark reverse confusion system,the calculation of damages should be based on the market value of the trademark as the main judgment,while refining the statutory compensation calculation standard,in order to solve the reverse confusion case The issue of compensation provides the basic direction.