Research On The Identification Of Infringement And Unfair Competition Of The Use Of Others’ Registered Trademark In Title Of Online Goods

In recent years,with the rapid development of information network technology,China’s e-commerce is gradually becoming well-developed,as well as becoming sizable and showing much better quality.E-commerce serves as an important engine to grow the economy.Online shopping has entered millions of homes and met people’s diversified and personalized daily needs.However,the booming e-commerce has also brought new problems.It is not uncommon that the title of online goods uses others’ registered trademark.Disputes of trademark infringement and unfair competition are increasing,and some theoretical and practical issues related to trademark also need to be answered.The title of online goods is open and free.Using others’ registered trademark includes trademark use which is probably to cause trademark infringement or unfair competition,as well as fair use of registered trademark.Different identification will lead to different legal consequences.Therefore,it is necessary to correctly identify the title of online goods which uses others’ registered trademark in order to achieve the balance between protecting the legitimate interests of trademark owners and respecting the freedom of expression of the public,and promote the healthy,stable and sustainable development of e-commerce.This paper mainly researches from two aspects of theory and practice.First of all,understand the necessity of identifying the use of others’ registered trademark in online goods’ titles,define concept and composition of trademark use,understand theory and kinds of fair use,and explore circumstances under which trademark use or fair use is constituted.Secondly,review judicial status of identification of trademark infringement or unfair competition resulted in online goods title.On a macro level,retrieve and analyze relevant cases,and make statistics on it.Specifically,taking“Xiaomi mobile power case" as an example,this paper sorts out the issue,summarizes kinds of use of trademark,discusses referee thinking,and points out the possible problems.Thirdly,this paper compares legislation of trademark use and fair use between China’s mainland and the United States,Germany,Japan and China’s Taiwan,and examines the advantages and disadvantages of China’s current legislation,so as to learn from others.Finally,in order to provide a useful reference for judicial practice and create a well-ordered online market and a harmonious intellectual property ecology,this paper puts forward three suggestions: trademark use should be regarded as the prerequisite for trademark infringement judgement;build up a reasonable system of fair use;set a protection threshold for unfair competition named thumb a lift.