Legal Conflict Among Trade Name, Trade Mark, Domain Name

This paper make a start from typical case,analyzing the construction of the brand structure of the key legal issues, and from which reveals a certain degree of application of the law and respond to the decision-making.The paper analyzed the legal characteristics and the cause of the conflict regarding the trade name, trade mark and domain name. At the same time, in general, the existing law on the protection of these three.The paper showed three parts separately introduced and analyzed the conflict case involving the trade name, trade mark and domain name.Re the cases involved in the conflict between the trade name and other rights. Such as US HB v. Anhui Haibo China, cause by the conflict between foreign companies'Chinese name and Chinese enterprises'name; ARR Brazil v. Chinese registered trademark ARR, regarding the conflict between foreign companies'non-use trade name in China and a trade mark in the examination phase in China.Re the case involving the conflict between trademarks and other rights. Such as Zhejiang Lan Ye Wine Co., Ltd. v. Shanghai Pepsi-Cola Beverage Co., Ltd. re the exclusive right of trademarks owned by small enterprises conflicted with the transnational corporations marketing activities of MNC; Ningbo Yi Lin kitchen Co., Ltd v. Shanghai Yi Lin kitchen Co., Ltd, regarding the conflict between well-known trademarks, and enterprise name in the different administrative divisions. Re the case about the right of domain name conflicts with other rights. U.S.TEF company v. Shanghai TEF Company, re the conflict between trade name and Chinese second domain name.The paper summed up the types of the mentioned cases and the experience from the practice.