Abstract: As the competition in the market becomes more and more intense with the development of market economy, there are many commercial confusion in the market transactions. Commercial confusion can seriously damage not only the commercial credit and economic interests of operators, but also the legitimate rights and interests of consumers, which can damage the trust mechanism of the market and affect the competitive order of the market. Therefore, in this context, in order to fully protect the interests of each subject in the market, it is necessary to effectively regulate the unfair competition of commercial confusion, and the effective regulation of commercial confusion depends on the judicial determination of commercial confusion, so this paper took the dairy industry as the starting point to study the judicial determination of commercial confusion.

Key words: commercial confusion, unfair competition, judicial determination