Research On The Conflict Of Right Between The Right To Name And Trademark Right Of Name

The conflict between the right to name and trademark right of name is actually the conflict of their respective benefits.The value of law is to resolve the conflicts between rights and benefits,and deal with all conflicts well.In the case where Jordan sued the Jordan Sports Company for infringement,it obviously demonstrated the conflicts between the two kinds of right.The court stated the reasons of the verdict.I put this case as a start to elicit the problem which we are going to discuss later,namely the conflict between the right to name and trademark right of name.In the first section,we will make some fundamental analysis and illustration on the conflicts between the two rights.It will mainly mention the notion of the right to name and its development.What's more,in this section,we will conduct some elaborate analysis on the reasons for the conflicts;As for the second section,we will do a comprehensive study on the plight we are confronted with in term of " How to solve the conflicts between the two rights" in China's Judicial Practice System.According to the current basis of solving this problem,it fingers out the problem of the juridicial practice system and legislative.Generally,there exists arguments with reference to the quotation of the legal provision.And the judicial practice system is disorder and without agreed regulation.In the third section,we will illustrate how the extraterritorial legal system deal with the conflicts of the two rights from the view of Comparative law,and analyses international treaty and the situation of countries of Continental law system and Common law system.Moreover,we will absorb the goodness of it,which is definitely beneficial to the improvement of China's conflict resolving institute.In the last section,after a profound analysis aiming at the problem in conflict resolution,we have come up with the choices of resolving the problem and laid emphasis on the significant function of enhancing and supplementing principals.What's more,we have worked out an apt resolution on how to put the "bad influence" treaty into practice in a standard way.Although China has forged the procedure of trademark adjudication,we cannot ignore the problems existed when it is put into practice and the author puts forward some proposals on it.Finally,I think China should admit the monetary value of name and improve the first right systemand the connection of procedure of adjudication of dispute of trademark and judicial remedy.To solve the conflicts of rights,we should enhance the prevention beforehand apart from ex-post relief.As for the subject,they should do their own job well and implement the obligation.