Protecting Interests Of The Licensee In The Trademark License

In the trademark license system of our country, how to protect the licensee's interests by means of allocating the goodwill fairly and dealing with the interests of other commercial signs is not definite and has not clear regulations. But the series of litigation battle between Wanglaoji(WLJ) and Jiaduobao(JDB) made many scholars pay attention to this question. So by controversy about the ownership of trademark between JDB and WLJ,this problem about goodwill attribution is found; by advertising false propaganda, the problem that how to carry out the behavior of goodwill transfer and reasonable use of the transition period fairly are obtained.; by the dispute about Red pot, we can find how to deal with the interests of other commercial signs. These three aspects are all important component of protecting licensee' s interests in the trademark license and also the core object of this paper. So taking the series of cases between WLJ and JDB as the angle of views, this article not only analyzes the difficult problem of goodwill, basing on defining goodwill nature and the relationship between trademark attribution, but also analyzes how to carry out the behavior of goodwill transfer; Besides, this article puts forward on how to deal with the interest of other commercial signs, basing on defining the characters of other commercial signs. This not only criticizes the judgment of the court partly, but also provide new perspective and approach to protect the trademark licensee's interests and perfect the system of trademark license in China.