How to judge whether a name is infringing?

Legal analysis: 1. Whether the defendant has subjective malice leads to the conflict of rights. Of course, there are some accidental coincidences, but many times it is caused by one party's malicious hitchhiking to obtain illegitimate interests. Therefore, for infringement judgment, it is necessary to examine the defendant's subjective fault and subjective malice.

2, whether the same or similar, and cause confusion between the goods, services and services operated by the parties, and whether the goods and services are the same or similar, and cause confusion and misunderstanding, is also an important factor to judge whether the infringement constitutes. When judging, we should not only compare the main parts of the dispute, but also judge the whole.

3. The logo should have certain uniqueness. If it is a common name generally recognized by ordinary operators and ordinary consumers, one party does not enjoy the exclusive right, nor can it exclude the legitimate use of other operators.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.