I. Identification of Trademark Infringement

1. Trademark Iationmit
   Trademark imitation refers to the use of a trademark that is identical or similar to a registered trademark on the same or similar goods, causing consumer confusion. The key to identifying trademark imitation lies in comparing the similarity between the alleged infringing trademark and the registered trademark. According to the "Standards for Determining Trademark Infringement," the determination of whether trademarks are similar should be based on the provisions regarding trademark similarity in the current "Trademark Examination and Adjudication Standards." Specifically, the following aspects can be compared:
   • Visual Similarity: Compare the similarity of the two trademarks in terms of shape, color, and pattern. If the two trademarks are highly similar visually and are likely to cause consumer confusion, it may constitute infringement. For example, Shanghai Zhenyi Trading Co., Ltd. purchased lighters marked with the "Zippo" trademark and then sold them after printing patterns, engraving designs, or attaching shells purchased on their own. This behavior constitutes trademark infringement.
   • Auditory Similarity: If the trademark contains text, it is also necessary to compare whether their pronunciations are similar. For example, "Jinyu Liangyuan" and "Jinyu Liangyuan" are highly similar in pronunciation and are likely to cause consumer confusion.
   • Meaning Similarity: Compare whether the meanings conveyed by the trademarks are similar. If the meanings of the two trademarks are close, it may also constitute infringement.
2. Trademark Squatting
   Trademark squatting refers to the act of others registering a trademark that a company has already used or is preparing to use without the company's knowledge. The key to identifying trademark squatting lies in confirming the company's prior use of the trademark. If the company can prove that it has used the trademark and has gained a certain level of fame before others registered it, it can file an objection with the Trademark Office or apply to declare the registered trademark invalid.

II. Identification of In Copyrightfringement

1. Literary Work Infringement
   Literary work infringement mainly includes plagiarism and piracy. The key to identifying literary work infringement lies in comparing the similarity between the alleged infringing work and the original work. Specifically, the following aspects can be compared:
   • Content Similarity: Compare whether content the of the two works is highly similar. If the alleged infringing work has extensively copied paragraphs, sentences, or core content from the original work, it may constitute infringement. For example, in September 2023, Shanghai Junku Information Technology Co., Ltd., which operates the "Da Zuo Wang" website, used web crawler technology to capture fine art works and related materials disseminated online without the permission of the copyright holder. It provided online browsing and download services for fine art works such as "Minions" and "Kung Fu Panda" to the public and members. As a result, it was administratively punished with a warning and a fine of 100,000 yuan by the Shanghai Culture and Tourism Law Enforcement Team.
   • Expression Similarity: Even if the content is different, if the expression is highly similar, it may also constitute infringement. For example, if two works use the same plot, character settings, or writing techniques, they may also be considered infringing.
2. Musical Work Infringement
   Musical work infringement mainly includes unauthorized copying, distribution, performance, and broadcasting. The key to identifying musical work infringement lies in comparing the similarity of the melody, lyrics, and arrangement between the alleged infringing work and the original work. Specifically, the following aspects can be compared:
   • Melody Similarity: Compare whether the melodies of the two works are highly similar. If the melody of the alleged infringing work is highly similar to the original work in terms of rhythm, notes, and chords, it may constitute infringement.
   • Lyrics Similarity: Compare whether the lyrics of the two works are highly similar. If the lyrics of the alleged infringing work extensively copy the lyrics of the original work, it may constitute infringement.
3. Fine Art Work Infringement
   Fine art work infringement mainly includes unauthorized copying, distribution, and exhibition. The key to identifying fine art work infringement lies in comparing the visual effect and creative techniques between the alleged infringing work and the original work. Specifically, the following aspects can be compared:
   • Visual Effect Similarity: Compare the similarity of the two works in terms of composition, color, and lines. If the visual effect of the alleged infringing work is highly similar to the original work, it may constitute infringement.
   • Creative Technique Similarity: Compare whether the creative techniques of the two works are similar. If the alleged infringing work uses the same creative techniques as the original work, it may also constitute infringement.

III. Identification of Patent Infringement

1. Invention and Utility Model Patent Infringement
   The determination of invention and utility model patent infringement is relatively complex and requires a comparison of the allegedly infringing product or method with the technical solution in the patent claims. Specifically, the following aspects can be compared:
   • Technical Feature Comparison: According to the principle of full coverage, if the allegedly infringing technical solution contains all the technical features recorded in the claims, either identical or equivalent, it should be recognized as falling within the scope of patent protection.
   • Literal Infringement: If the allegedly infringing technical solution contains all the technical features corresponding to a complete technical solution recorded in the claims, it is considered literal infringement.
   • Equivalent Infringement: If one or more technical features of the allegedly infringing technical solution are not literally identical to the corresponding technical features in the claims but are equivalent, it also constitutes infringement.
2. Design Patent Infringement
   The determination of design patent infringement mainly depends on the similarity of the visual effect. Specifically, the following aspects can be compared:
   • Overall Visual Effect Similarity: Compare whether the overall visual effects of the two products are similar. If the overall visual effect of the allegedly infringing product is highly similar to that of the patented product, it may constitute infringement.
   • Partial Visual Effect Similarity: Compare whether the partial visual effects of the two products are similar. If a part of the allegedly infringing product is highly similar to a part of the patented product in terms of shape, pattern, and color, it may also constitute infringement.

IV. Summary and Recommendations

1. Negotiation: Negotiate with the infringer to demand that they cease the infringing behavior and compensate for losses. During the negotiation process, remain calm and rational, and clearly express your demands and position.
2. Send a Warning Letter: If negotiation fails, a formal warning letter can be sent to the infringer, clearly pointing out their infringing behavior and demanding that they stop immediately.
3. File a Lawsuit: If negotiation and warning fail to resolve the issue, a lawsuit can be filed with the People's Court to protect one's legitimate rights and interests.