|
|
|
| On Identification Standard and Value Orientation of Trademark Infringement——The ‘Jinriyoutiao’ Case as an Example |
| Ning Lizhi Ye Ziwei |
| (School of Law， Research Center of Intellectual Property and Competition Law， Wuhan University， Wuhan 430072) |
|
|
|
|
Abstract The trademark infringement dispute of “Jinriyoutiao”， which has aroused widespread public concern， contains many doubts that are worthy of academic discussion. when an operator uses a trademark similar to another trademark that represents a different or dissimilar good or service，there would be no possibility of confusion about the source. But in case other trademark is well-known， the infringement dilutes the distinctiveness and causes damage to the reputation of the original trademark，which makes the cross-class protection applicable. Although it might restrict the freedom of operation to prohibit operators from using well-known trademarks on dissimilar goods or services，we should follow the guide of the legal value orientation and make a decision in favor of protecting the rights and benefits of that well-known trademark by virtue of the value orientations such as protecting the exclusive right of the trademark， maintaining the order of fair competition，restraining unfair competition， and advocating the independent brand cultivation，when it is difficult to identify whether the cross-class protection is applicable to a well-known trademark.
|
|
Received: 22 November 2021
|
|
|
|
| [1] |
. [J]. , 2013, 0(6): 0-0. |
| [2] |
. Studing on Moral Education at Injustice Condition[J]. , 2009, 0(5): 0-0. |
| [3] |
. The Option of Value-orientation of Enterprises Register Law in China[J]. , 2009, 0(2): 0-0. |
| [4] |
. On the Value Tropism and the Value Realization of Chinese Contemporary Television Literature[J]. , 2002, 0(5): 0-0. |
| [5] |
. The Con struction and Aesthetic Pursue on Yige of Scholars'' Drawing[J]. , 2001, 0(1): 0-0. |
| [6] |
. [J]. , 1994, 0(4): 0-0. |
|
|
|
|
2021, Vol. 60 
