Legal subjectivity:

To determine the legal liability for trademark infringement, we must first determine the constituent elements of the infringement. In essence, there is no fundamental difference between the identification of trademark infringement in e-commerce and traditional trademark infringement. Compared with traditional commerce, e-commerce only changes a transaction form. However, trademark infringement in e-commerce is a new type of trademark infringement after all, and its constituent elements mainly include the following aspects: 1. Infringement. It refers to the behavior of individuals or organizations that infringe the legitimate trademark rights of others in e-commerce activities. This behavior includes both action and omission. The former includes unauthorized use of other people's registered trademarks as domain names as mentioned above, or malicious registration of well-known trademarks, trade names, or other logos that others have rights to as their own trademarks. The latter includes electronic bulletin board operators who freely upload well-known trademarks to others. The behavior of the logo is ignored. The infringement of trademark rights in e-commerce activities is diverse and complex. It can be a direct infringement, or an indirect infringement, it can be an infringement by a single person, or it can be an infringement by a large number of people. Behavior. 2. Damage results. There is no liability if there is no damage, and the result of damage is one of the elements that constitutes a civil tort. Damage results in the Internet environment refer to certain harmful behaviors that cause the reduction or loss of the legitimate interests of the trademark owner, damage to the visibility of the trademark, dilution of the trademark and reduction of the value of the trademark, which will ultimately damage the goods or services provided by the trademark owner. value. 3. Cause and effect. Causation refers to the objective relationship between the infringement behavior of the offender and the damage results of the victim. In e-commerce activities, causation means that the infringement of trademark rights directly or indirectly leads to the occurrence of damage. Only when there is an inherent and inevitable connection between the actor's infringement and the damage, can the actor be required to do so. Bear legal responsibility. 4. Subjective fault. It has been discussed above that the principle of liability for trademark infringement in e-commerce is mainly the principle of fault liability. Therefore, in the determination of liability for trademark infringement in e-commerce, the fault element is one of the important and necessary elements, requiring the perpetrator to have intentional or subjective intent. Negligence, that is, only those who knew or should have known that their behavior infringed upon the trademark rights of others and still carried out it or for the purpose of seeking illegal benefits can be held legally responsible. This is done to protect the legitimate rights and interests of those who use trademarks reasonably in e-commerce and to promote the rapid development of e-commerce. Take the newly enacted Anti-Cybersquatting Consumer Protection Act in the United States as an example. Among the three listed conditions for a successful dispute, the bad faith of the domain name owner is a crucial factor.