Research On Legal Issues Celebrity Names And Trademark Rights Conflict

With the development of market economy social increasing competition, market players recognize the importance of trademarks is gradually increased, the case name and trademark rights of frequent conflict, especially celebrity name has been registered or infringement case uncommon.Celebrity’s name has been infringed, it is not only a social problem, but is a legal issue. From before the "Lin" case up to now aroused widespread concern basketball superstar Michael Jordan v. qiaodan sports case,the right name celebrity status andtrademark conflict intensified not only will affect the interests of rights holders, it will harm consumers, more likely to cause serious consequences of market order appears harmonious chaos, celebrity names and the names of ordinary people the right to be more than the right of property attributes, if you do not pay enough attention to have a more serious harm, in general, are Some of the legal system under the trademark of this "Pong celebrity" because of violations of the rights of the person’s name prior rights have been banned or withdrawn in the process of applying for trademark registration. However, due to the limited nature of the current level of technology and human cognitive ability, registered trademarks, and examine the body can not cover everything, there will inevitably slip through the net, so I think the problem with the celebrity name trademark conflicts systematic study investigated the imminent.A representative from the Jordan case I start, introduction briefly review the case after case analysis for refining the focus of dispute between the parties, there is such a focus of discussion leads to the body part, and I hope in the future to analyze arguments put forward to solve the celebrity name right trademark conflict with a number of such cases in the trial of the general problem-solving approach.The first part of the body of the carefully elaborated names, name rights, trademarks, trademarks and related property concepts and features, the second part of the system analyzes the causes of the conflict between the two, and the third part then sort and analyze our trademark and name rights causes of conflict as well as specific forms of conflict, followed by the name of the right to raise serious harm and trademark conflicts,and finally for the problems and hazards of proposed principles and concrete measures to resolve the conflict of two rights that should be followed. Finally,the theoretical study of the analysis applied to real cases-Jordan v. Joe cases, the focus of the case will be analyzed. This article from the article in the Jordan case finally ended in this case.