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By virtue of review of the relevant law provisions on trademark infringement and typical cases(especially the major cases reviewed or guided by the Supreme People’s Court),this article will be looking into the effect of the exclu- sive right in trademarks,commodity names/trade dress,en- terprise names,and domain names,and the impact of the distinctive character and repute of trademarks on trademark infringement establishment in an effort to demonstrate the practice of the courts in China in definiting infringement and fair use of trademarks.
By virtue of review of the relevant law provisions on trademark infringement and typical cases (particularly the major cases reviewed or guided by the Supreme People’s Court), this article will be looking into the effect of the exclu- sive right in trademarks, commodity names / trade dress, en- terprise names, and domain names, and the impact of the distinctive character and repute of trademarks on trademark infringement establishment in an effort to demonstrate the practice of the courts in China in definiting infringement and fair use of trademarks.