Research On Merchandising Right

In modern society, along with the rapid development of commodity economy andBusiness model’s innovation, using celebrity image has become an effective means ofmarketing,celebrity business value got more and more attention. Many foreign countries havebeen in the form of legislation or jurisprudence on the image of the interests of naturalpersons of legal protection, and the protection mode is not the same. Currently, our law hasnot yet clearly defined the commercialization rights to protect the interests of the image of anatural person. In judicial practice usually integrated use relevant laws, but only to protect thelegitimate interests of the rights holders, law lag highlights the increasingly urgent demandsof the development of the commercialization of the right system.This article is divided into four parts. The first part details the Jordan case and leads toproblems. In March2012, Michael Jordan prosecuted Jordan Sports Co., Ltd. on grounds ofviolations of the right to a name, and suddenly arousing heated debate of the major media,experts and scholars. The second part is an overview of the merchandising right. First, itpresents the origin and development of the U.S. commercialization rights, and then clears therelationship between commercialization rights and privacy. The third part is thinking of ourcommercialization rights’ protection mode.By analyzing the dispersion of our current legalprotection means’ shortcomings and defects that can not be overcome, combined with thepractical needs of our society and systematically expounded the theoretical value of themerchandising right, demonstrate the need to establish commercialization rights in China, andproposed the establishment of a separate commercialization right system.Thecommercialization rights system not only embodies the legal value of fairness and justice, toprotect the rights of the legitimate rights and interests, but also to promote and encouragerights holders to a deeper, more extensive image creation activities.The fourth part is of ourcommercialization rights legislation to protect the concrete ideas. Commercialization rightssystem should include aspects of the subject, object, content, and duration of protection.Inconclusion,it is a brief analysis of the case of Jordan and draws personal conclusions of theJordan case.