Commercial Slogan Intellectual Property Rights Protection Case Investigation

Advertising means a public promotion and drawing public attention to some products or services.The role of advertising is to spread the influence and the soul of advertising is creativity.Amid advertisement creativity,slogan is considered as the essence of the idea.A good slogan can often play a finishing point in the drawing and could be passed from mouth to mouth,or even remained as a classic.For example,the slogan�A diamond lasts forever,passing through generations.No gift is needed in the holiday of this year,but it could be an exception if it is Melatonin(???)."makes an very deep influence into the customers with a very strong hint.For this reason,it has occurred loads of intellectual property disputations concerning the slogan in recent years.However,the cases are hard to group and the judgment varies.For instance,the decision of Chongqing court towards the case the company JDB prosecutes Wong Lo Kat about the unfair competition case regarding the slogan"Afraid of the getting inflammation?Drink Wong Lo Kat.�has incurred lots of controversy.This paper is divided into five parts,combining with four typical cases,to conduct the detailed analysis towards the relating problems.Firstly, this paper did a brief analysis to the case �JDB vs. Wong Lo Kat�, which pushes us to consider the fuzzy points of intellectual property protection, such as "whether the advertising slogan has the copyright" "How an advertising slogan could be protected in the name of the copyright" and so on.Secondly, by analyzing the case �Nanning Zhuokang vs. Nanjing Zhuokang�, this paper affirmed the court's decision on copyright of the slogan �It is really good only if the effect is good� �Drink good water means getting the health�. We could detect that some slogan may have the copyright from the previous judicial practices, which is also supported by most scholars and the author of this paper. Then here comes the question: Which kind of slogan can be treated in the name of the copyright? This paper also did the related analysis in this part and supposes that the originality is the key to do the identification, and the number of the expression does not affect the cognizance.Thirdly, it is also feasible that doing the protection to slogan in the name of trademark, no matter theoretically or in practice. This is done mainly by exploring that which type of slogan would be approved by the Trademark Review Committee. Through the case "Guilin Tianhe Pharmaceutical prosecutes Trademark Review Committee ", this paper analyzes which kind of slogan has attributes of trademark.Fourthly,the Anti-Unfair Competition Law is a powerful weapon that the victim first comes up with after their slogan intellectual property rights have been infringed.Naturally a lot of slogan infringement cases are preceded based on the anti-unfair law,however,the anti-unfair law has no capacity to solve all questions in this area.This paper concludes advantages and disadvantages of this method combined the case�Zhuhai Gree prosecutes Xie Lihui(???)about the trademark infringement and the unfair competition�.Finally, based on the analysis of the aforementioned cases, this paper summarized the limitations of the Copyright Law, Trademark Law and Unfair Competition Law in the processing of the slogan intellectual property protection. This paper also puts forward some suggestions and expectations from the perspective of the author, such as the establishment of a unified review standard and so on.