Commercial Press V. Huayu Publishing House For Trademark Infringement And Unfair Competition

The Xinhua Dictionary is a general-purpose learning tool for dictionaries.Similarities in the appearance and decoration or the names of dictionaries can cause confusion among consumers.Differences in the quality of dictionaries can not only mislead consumers' work and study,but can also cause negative effects on products and affect product sales.The article analyzes the judging standards of judicial practice with the development history,propaganda level of Xinhua Dictionary,and the actual impact of Xinhua Dictionary on the public and the goodwill behind it.The first focus of the dispute is the analysis of the rights enjoyed by the Xinhua Dictionary.The second focus of the dispute is to discuss whether product packaging is universal packaging and decoration.In addition to trademarks,packaging and decoration are the main characteristics of consumers to identify products,and are the second layer of screensavers for products.Similar packaging and decoration will cause consumers to have visual guidance errors and discrepancies with subjective purchase information,resulting in confusion in consumption.And whether the packaging and decoration of the Xinhua Dictionary is analyzed from a theoretical point of view or from the perspective of public influence,it has already gained public recognition and has the role of identifying the unique source of items.It can be identified as the packaging and decoration of well-known goods.The act of Sinolingua publisher essentially imitated the trademarks of well-known products and the unique packaging and decoration,which caused the public to mislead the two products.