Analysis Of Trademark Reverse Confusion Infringement Determination And Compensation

Trademark law takes into account the interests of the state,consumers and production operators,and it is an important means for China to adjust market economy relations.With the development of commodity economy,the importance of goodwill is gradually highlighted,and the desire of operators to accumulate goodwill and develop trademarks is becoming more and more urgent.Trademark reverse confusion protection brings the value of the owner's trademark property,independence in the market,and the possibility of expanding the market into the scope of protection.The traditional trademark infringement cases in our country are mainly positive confusion cases,compared with them,the reverse confusion has some particularity in the fact constitution,the determination standard,the relief choice,and the compensation calculation.It is necessary to think systematically and clarify the relevant factors.From the two classic cases of “You Are the One” and “New Balance”,there are many shortcomings in the understanding of the reverse confusion in the judicial practice of our country.First of all,the standard is confused,there is no basic frame for reference.Secondly,the analysis of compensation problem is lack of reasoning,and the consideration of discretionary factors is not enough.Looking at the trademark infringement disputes in our country,the reverse confusion cases have already occurred.In order to deal with the judicial practice,solve the actual disputes and perfect the protection mechanism of trademark law,we should systematically analyze and explore the identification of trademark reverse confusion infringement and the compensation issues.