| Game trademark infringements are due to the existence of controversial phenomena in the determination of legal infringements,such as the obscurity of the responsible subject,disputes over the applicability of the law,and difficulty in identifying distinctive marks.The applicability of the "Trademark Law" and the "Anti-Unfair Competition Law" that caused the identification and regulation of the infringement has become a difficult problem in the judicial practice of game trademark infringement.Based on the reality,the game market in my country shows the status quo of huge game scale,diverse divisions of game groups and classes,and high homogeneity of game product designs and elements.Based on the level of infringement,there are frequent infringement issues in the game industry,including game trademark infringement,game content form infringement,and game element design infringement issues.Based on the legal level,there is a special sequence,supplementary explanation,and parallel application relationship between the "Trademark Law" and the "Anti-Unfair Competition Law",based on the different application situations of different game trademark infringements.Therefore,in order to better distinguish and understand the application of these two laws in game infringement in judicial practice,the author takes the "Cross Fire" and "Reverse War" game trademark infringements in the "Tencent v.Thai Golden Union" case as an example.For example,provide practical suggestions and provide judicial enlightenment on issues such as the application sequence of the two laws,the obvious identification of similar trademarks,the suitability of legal competition,and whether to identify unfair competition behavior.This article is mainly divided into four aspects to explain:The first part is the focus of the dispute and the analysis of the basic case in the "Tencent v.Thai Golden Union" case.First,it explained that the focus of the dispute in this case was the court’s judgment on the determination of trademark infringement of "Crossing the Line of Fire" and "Reverse War".Secondly,the retrial court’s clear determination of trademark infringement in this case,including trademark similarity determination,trademark substantive determination and unfair competition determination.The second part is the analysis of the basic attributes and similarity infringement determination of the game trademark in the "Tencent v.Taijinlian" case.Firstly,it clarified the basic characteristics of game trademark attributes,including the dual attributes of game trademarks and the identification and identification scope of game trademark names.Secondly,it clarified the saliency and popularity of "crossing the line of fire" and "counter-war".The third is to clarify whether the game trademark infringement in this case belongs to the category of trademark use.The third part is the analysis of the legal determination of unfair competition in the "Tencent v.Thai Golden Union" case.First,it defines the manifestations and legal norms of unfair competition of game trademarks.Secondly,it was determined that the use of the infringing words "crossing the line of fire" and "against the war" constituted legal requirements for unfair competition.The fourth part is the judicial practice enlightenment and suggestions of the "Tencent v.Thai Golden Union" case.This section successively explores the respective legal attribution identification,competition relationship identification,application identification in different contexts,and sequence identification of game trademark infringement in the "Trademark Law" and the "Anti-Unfair Competition Law".It is also suggested that when the scope of game trademark identification is descriptive use and unique use,legitimate use should be allowed and protected. |
