Legal application of trademark reverse counterfeiting
Because trademark reverse counterfeiting has two legal properties and is regulated by two laws at the same time, there must be conflicts in the application of the law. So how can the victim of trademark reverse counterfeiting exercise his rights and seek judicial relief? The author thinks that since the same act violates two different laws, and there are overlapping points between them, the injured party, that is, the original trademark owner, is free to choose one of the beneficial litigation methods to seek judicial relief. If he wants to file a trademark infringement lawsuit, he should emphasize that the defendant changed the trademark without the plaintiff's permission; If an unfair competition lawsuit is filed, it should be emphasized that the defendant's behavior concealed the true source of the goods. As consumers, the parties will also become victims of trademark reverse counterfeiting, so consumers can file fraud lawsuits against the perpetrators according to the relevant provisions of the Consumer Protection Law on the right to know.