Identification of trademark infringement in foreign-related OEM

Abstract

There is significant controversy in the academic and judicial practice regarding the determination of trademark infringement of the foreign-related Original Equipment Manufacture (OEM) industry, so it is necessary to construct a basic judgment path. On the basis of clarifying the debate about foreign-related OEM trademark, further analysis is conducted on the positioning of "trademark use" in foreign-related OEM trademark infringement, and the conclusion can be drawn that "possibility of confusion" is the substantive element for determining infringement. Finally, by defining the scope of the relevant public when applying the "possibility of confusion" in different situations, it can obtain more protection from trademark law.