Trademark infringement under the network environment can be defined as: without the consent of the trademark owner, and without other reasonable use cases stipulated by relevant laws and regulations, the infringer uses Internet-related technologies to infringe the legitimate interests of the trademark owner.

1. Complexity and concealment of the infringing subject:

According to types: network information publisher, network information receiver and network service provider.

(B) the characteristics of trademark infringement under the network environment

1. Complexity and concealment of the infringing subject:

By service content:

Single platform service providers do not participate in specific transactions, such as Taobao.

Mixed platform service providers, participating in specific transactions, such as Dangdang.

Intermediary platform service providers, both parties sign contracts to provide opportunities and facilitate transactions. For example, Alibaba. com。 (Alibaba e-commerce website is a famous brand of global inter-enterprise e-commerce, and it is the largest and most active online trading market and merchant community in the global international trade field. )

Features: technical support, virtual market, hidden identity, convenience, globalization and high risk.

The virtuality of the network provides an invisibility cloak for the infringer, and the difficulty of judging the infringer has become an external stepping stone to solve trademark infringement disputes under the network environment. In trademark infringement disputes under the network environment, because infringers usually have certain network technology and professional knowledge, they often use the characteristics of the Internet to escape legal sanctions.

(A) the constitutive requirements of direct infringement

1, without the permission of the trademark owner

2. Use the same or similar "trademark" as the trademark owner.

3. The relevant public may be confused or misunderstood.

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