How to determine that our company has infringed the well-known trademarks of other companies?
There must be an illegal act, that is, the actor has carried out the act of selling counterfeit registered trademark goods; There must be the fact of damage, that is, the behavior of the actor selling counterfeit trademark goods has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts. The actor is subjectively at fault, that is, the actor knows or should know that the goods he sells are counterfeit registered trademarks. There must be a causal relationship between illegal acts and damage results, that is, there is a causal relationship between illegal acts and damage results of trademark owners. # # Registered well-known trademarks have high intangible value because of their wide public awareness. However, some enterprises failed to register in time, which led to the registration of well-known trademarks and infringed on the interests of obligees. Taking well-known trademarks as enterprise names, it is easy for the general public to associate trademarks with enterprise names, especially well-known trademarks. Some enterprises will use other people's well-known trademarks as enterprise names in order to improve their popularity, which constitutes infringement. Taking well-known trademarks as domain names, with the continuous development of the network and the emergence of new things such as e-commerce and online shopping, domain names are unique and unrepeatable, which directly link people with well-known trademarks, so this kind of infringement is also increasing. Use other people's well-known trademarks as the name, packaging and decoration of their own goods, or attach or use the same or similar patterns as well-known trademarks to the specifications, price lists or other documents of goods.