Analysis Of ’Qing Feng’ Case

The conflict between trademark right and trade name right never stops. Beijing Qingfeng steamed stuffed bun restaurant sued Jinan Qingfeng company because of the same scope of business. Beijing Qingfeng steamed stuffed bun restaurant became popular due to the Chairman Xi’coming,which made this case attract lots people’ attention.This case ended in Jinan Qingfeng conmpany’ victory after two levels of trial,selected as one of the 10 typical intellectual property cases in 2014 of Jinan. This paper from a legal point of view describes the basic circumstances of the case in detail and the dispute of the case based on the in-depth analysis. The major disputes focus on whether the Jinan Qingfeng company has prominent use name of the enterprise, whether Jinan Qingfeng company’s trade name and Beijing Qingfeng’ trademark are same or similar,whether Jinan Qingfeng companies will cause confusion possibility by using "Qingfeng" as the trade name and whether Jinan Qingfeng company is malicious when registered enterprise name.This paper has carried on made detailed explanation of the flashpoint one by one. This paper analysis jurisprudential problem based on research results and the legal system, which include the elements and reasons of the conflict between trademark and trade name rights. In the research conclusion,this paper make point of view, trying to put forward scientific and reasonable solution to the conflict between trade name rights and trademark rights. Hoping to make things right.This paper analyzes the legal issues of trademark and trade namerights conflict from the angle of case, and then put on the solution of the conflict of trademark and trade name right principles and specific measures with the combination of theory and practice, which has important value.