analysis of the the trademark infringement reverse confusion（分析商标侵权反向混淆）.doc

Analysis of the the trademark infringement reverse confusion Abstracts reverse confusion as a new type of infringement of trademark infringement, adopted by the United States Court jurisprudence extracted from the Trademark Law of China does not specify reverse confusion, but judicial practice, this types of cases once the complex. reverse confusion how to identify the constituent elements to become an academic, judicial practice explore new problems. This paper from the trademark after the user’s position in the market will inevitably stronger than the earlier users, not to trademark after the user’s subjective malicious constituent elements, consumers of both goods sources confusion and effectively cause harmful consequences, both goods or services in the same or similar constituent elements for analysis and expectations of perfect China’s trademark legislation Significance. The paper Keywords reverse confusion trademark infringement forward confuse A trademark confusion reverse confuse Case (a reverse of the origin of the confusion from the public hearing on May 18, 2007, and twice in the 24th make the final decision on appeal the effective date, the Blue Storm - from media dubbed the “Mosquito strong words elephant” finally came to an end, the plaintiff’s claim is almost entirely be met, but this case has brought to people thinking is infinite case, the plaintiff Aino company is a small business in Lishui City, Zhejiang, December 14, 2003 approval of the registration trademark of the Blue Storm, apply to the top 32 commodities. subsequent Blue Wild in their own production and sales of products using the registered trademark of the Blue Storm Pepsi summer of .2005 theme of the same name, “Blue Storm” Higher People’s Court of Zhejiang Province promotion activities in December the same year plaintiff blue wild PepsiCo constitute trademark infringement grounds to the courts the case after two People’s Court finally came to a close. “Pepsi Blue Storm logo