Analysis Of Trademark Disputes And Unfair Competition Cases Between A Wood Industry Company V. B Floor Company,etc.

In the face of rapid economic development and a complex and changeable market environment,the state has been strengthening the protection of intellectual property rights.My country revised the Trademark Law and the Anti-Unfair Competition Law in 2019,but this legislative amendment did not provide a clear way to resolve the conflict of rights between company names and trademarks,nor did it resolve issues such as the low application rate of actual losses in trademark infringement disputes and the unclear application conditions of punitive damages.This paper takes the case of trademark dispute and unfair competition between A wood company and B flooring company as an example,deeply analyzes the disputes related to trademark infringement in the case,and carries out legal analysis on it.There are four main controversies summarized in this case: The first is whether the company’s use of another person’s registered trademark as the company name constitutes trademark infringement;the second is whether the use of other people’s product packaging constitutes unfair competition;the third is whether it is reasonable to determine the amount of infringement damages based on actual losses in this case;the fourth is whether punitive damages should be applied to this case.After analyzing the focus of the above disputes,it is believed that: first,when the perpetrator uses another person’s trademark as the name of a business,it should start from the nature of the perpetrator’s behavior.The trademark infringement that conforms to "trademark use + the possibility of confusion" shall be dealt with under the Trademark Law;the unfair competition that conforms solely to the "possibility of confusion" shall be dealt with under the Anti-Unfair Competition Law,and the two shall be applied in parallel;second,When the use of other people’s product packaging is well-known and has the function of identifying the product,service or source,then the use of the product packaging is an act of unfair competition;third,when determining the amount of compensation for trademark infringement damages based on actual loss calculations,relevant factors should be considered scientifically,including loss of goodwill,loss of price erosion,and loss of future profits;fourth,the "malicious" in the punitive damages for trademark infringement is a more serious "intentional" and "circumstance","Severe" should be determined based on the damage consequences and combined with other related factors,and the relationship between the two is parallel.Through the study of these issues,we seek to provide constructive suggestions for supplementing and improving the laws and regulations related to trademark infringement and unfair competition.