Research On Trademark Infringement Determination Of APP LOGO

With the rapid development of the economy and the rapid rise of the Internet industry,along with the Internet industry comes the infringement of Internet rights,in particular,the number of trademark infringement cases in the area of APP logo is increasing day by day.APP Logo is mainly composed of graphics,characters and related combinations.The prerequisite for APP logo to be a trademark for trademark infringement is that it is first of all a trademark,in practical cases,judges have different opinions on whether APP logo is a qualified trademark,and there is no uniform standard for the use of trademarks,it will correspondingly lead to the appearance of different judgments in the same case.In addition,the possibility of confusion is an important factor in the determination of trademark infringement,and there is no uniform standard for the determination of the possibility of confusion in local courts.In the case of trademark infringement of APP logo,there are infringement by different subjects,including APP logo development,trademark infringement by designers and trademark infringement by APP store operators,the infringement of the developer and designer of the APP logo belongs to direct infringement,which is relatively easy to be identified in practice,while the identification of indirect infringement by the operator of the APP logo application store is somewhat difficult in practice,there is a great dispute about the constitutive requirements of indirect infringement of the application store operator and the conditions of exemption from liability by applying the safe harbor principle.This paper will study the cognizance of trademark infringement of APP logo and then analyze whether the operator of APP logo application store constitutes indirect infringement and whether the operator of APP logo application store can apply the safe harbor clause to avoid liability.The amount of compensation should be determined according to the actual situation of the case when the operator of the App-marking APP store acts as an indirect infringement.By analyzing the indirect infringement of the application store operators,this paper puts forward some suggestions on the perfection of the current Trademark Law and the trademark protection system in China,and strengthens the regulation of the new trademark infringement.This article mainly uses the literature research law and the case analysis law to the APP logo trademark infringement cognizance question to carry on the research.First of all,by using the method of literature research,we have collected the works,periodicals and master’s degree papers related to the trademark infringement of APP logo,and have a certain understanding of the trademark infringement of APP logo;Secondly,by using the method of case analysis,three classic cases related to the infringement of APP logo trademarks are selected,and the three cases are compared and analyzed,and three controversial focus issues are summarized,based on the jurisprudential analysis of the focus issues,the conclusion and enlightenment of the paper are drawn.Finally,the article is mainly discussed from the following four parts:the first part is the introduction of the article,this part is mainly to introduce the background of the topic of the article,summarize the significance of the article and the research status quo,elaborate the research ideas of the article,research Methods and objectives.In the second part,the author introduces the facts of three cases with different judgments in the same case,compares and analyzes the reasons and results of the court’s judgments,and sums up the three key issues in dispute,to pave the way for the third part of the article.The third part is to carry on the corresponding legal principle analysis to the three disputed focal points summarized in the article,first is to carry on the analysis to the trademark attribute of the APP logo,secondly,it analyzes the cognizance of trademark infringement of APP store operators,and finally,it analyzes whether the operators of APP store can apply the safe harbor principle.The fourth part is the conclusion of the case study and the enlightenment,in the practice case,there is no unified judgment standard for the issues related to the trademark infringement cognizance of the operator of the APP logo application store,therefore,this article thinks that we can further clarify the criteria of trademark infringement of APP store operators from the legislative level,and distinguish the duty of care and examination of APP store operators,to further elaborate the rules of the safe haven principle,make clear the conditions of the application store operators to apply the safe haven principle,and avoid the abuse of the safe haven principle.