The application of"non-stop infringement"in trademark reverse confusion infringement cases is not only based on the special considerations of the differences from traditional forward confusion cases,but also aligns with the principle of efficiency and is a necessary requirement to avoid falling into a vicious cycle of"confusion".The existing restrictions on rights in the field of intellectual property provide the possibility for"theory of conditions for stopping infringement"to replace"theory of automatic stopping infringement",while also better meeting the interests of all parties involved.Judges handling such cases should comprehensively consider the subjective intentions and cost-benefit comparisons of both parties,as well as public interest,and,with the aid of alternative measures for liability transformation,timely issue a ruling of"non-stop infringement".
关键词
商标反向混淆/损益平衡/效率原则/公共利益/替代措施
Key words
trademark reverse confusion/cost-benefit balance/principle of efficiency/public interest/alternative measures
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