Discussion On Trade Name Rights And Related Rights Conflicts And Solutions

Recent years have been witnessing the further development of business economic and corporate businesses. Therefore, trade names, one of the most significant entity by which companies is distinguished, is gradually gaining importance in our society.On the one hand, many a enterprise has regarded trade name as an important intellectual property right. On the other hand, there lacks specialized legislation concerning trade names. Owing to ambiguous regulations concerning trade name and conflicts stemming from various laws and legislation, there are a multitude of conflicts between trade name rights and intellectual rights, such as trade mark right, right of trade names, domain name right separately.The paper analyzes reasons of conflicts between trademark right and right of trade names coupled with solutions to conflicts between trade name and related rights conflicts by using theory together with case study. Besides existing principles, solutions and methods, some personal perspectives are added. The paper consists of five chapters, in which the first chapter covers definitions of trade names and trade name rights, taw nature of trade name and the way to obtain trade names. In addition, the definitions of trade names and related right conflicts and types are specified and the significance of studying trade name and conflicts of related rights. In the second chapter, conflicts between trade mark rights and trade name are detailed. With the analysis of cases, main causes of conflicts between trade mark rights and trade name rights are specified and corresponding solutions, principles and methods and offered. The third chapter emphasizes the conflicts between trade name rights and trade name rights. By analyzing Nanjing color shadow vs. Shanghai color shadow case, the reasons of the conflicts between trade name rights and trade name rights and the solutions to settlement of trade name right conflicts are written. The fourth chapter is concerned with the conflict between trade name right and domain name right. By analyzing the definition and nature of domain name right, the view that the domain name right should be regarded as one kind of intellectual property right is presented. With the analysis of case regarding trade name right and domain name right, solution and method to the conflicts are stated. The final chapter deals with how to settle related rights concerning trade name rights and trade name together with some personal views and suggestion.Due to the fact that there is short of specialized legislation concerning trade name and few studies in this regard, the paper break down the traditional limitation by choosing conflicts between and among trade mark rights, trade name rights and domain name rights as the study focus. With the comprehensive and detailed explanation of the conflicts between trade name right and the above-mentioned rights, the paper stands out with its originality. The paper courageously presents the view that trade name right and trade name right might constitute conflicts by analyzing Nanjing color shadow vs. Shanghai color shadow, which makes the paper a brand new look in terms of studying conflicts of trade name rights. In the final chapter, the author creatively put forwards the view that "friendship reminding " in the authority of the registration of trade names.