Research Of The Conflicts Between The Protection Of Foreigner Celebrities’ Right Of Name And The Trademark Law Of PRC China

The media and public are always focus on celebrities so that these celebritieshave a great influence on society. Using the Celebrities’ name as a registeredtrademark, may reduce the time for customers to know the brands,increase theawareness, help the brand owners to be more competitive in the intense marketcompetition. However it is contrary to the principle of good faith and misleadconsumers to have a wrong perception of the quality or services, meanwhile it is alsoagainst the interests of the celebrities. Although there are some relevant provisions inthe Trademark Law, its maneuverability is low. Consequently, it is difficult forcelebrities to protect their rights. Especially for oversea celebrities, they have to facemore complex problems, which there is a lot of conflicts between the Trademark Lawand the right of their names. In this dissertation, the writer mainly applies case studies,conceptual analysis and comparative research methods.to support the research.The dissertation is divided into five sections, respectively discussing the case,thereason, the barrier and improvements for protecting the foreigner celebrities’ right ofname.The first part describes the background and issues caused by the lawsuit MichaelJordan sued Qiaodan Sports Co. Ltd..In the background of this case，this dissertation firstly gives a clear view: therights of foreigner celebrities’ name should be protected by our laws.Although it islack of clear provisions,we can come to a conclusion our of other relevant provisions.It is also the demand of standardising our market economic order. This is an inevitablelegal challenge resulting from the development of our society.Although through various jurisprudential reasoning, we can draw a conclusionthat the foreigner celebrities’ rights of name should be protected, we still need clearrules to regulate the behaviors of trademark registration to reduce the violation at thesource. Therefore, apart from the analysis on the need of legal protection of theirrights of name, this dissertation also points out some flaws existing in our TrademarkLaw and gives some recommendations accordingly.The fourth chapter is mainly based upon cases, illustrating some judicial cases inthe United States and some principles summarised by scholars through the study of cases in different states. All those cases and principles could by used by us for solvingthis and other similar cases in our country.Finally, in respect of how to improve the protection of the foreign celebrities’right of name, this dissertation put forward some legislative and judicialrecommendations.In summary， this dissertation will analyse the protection of the overseacelebrities’ right of name and the defects in the Trademark Law, and will list someconflicts and finally will suggest the recommendations to resolve these conflicts.