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Legal Analysis On The Case Of "You Are The One" Trademark Infringement

Posted on:2018-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y N OuFull Text:PDF
GTID:2346330533457328Subject:Law
Abstract/Summary:PDF Full Text Request
" You Are the One " trademark infringement case,which lasted four years,was finally ended up on the last working day of 2016.Then,Looking back at the case,we can find that the case is not complicated,and the parties have not too much controversy of the basic facts of the case,but why the outcome of the twists and turns,the reason worth us study.As the "You Are the One" trademark infringement case is a typical example of the name of the TV program involving trademark infringement cases,which reflects the current problems in the television industry in our country.This paper intends to discuss the focus of the case,And strive to provide practical advice and reference for similar cases in judicial practice.The text can be divided into the following three parts:The first part of the basic situation of the case,summed up the case of the three controversial focus: First,name of "You Are the One" is whether used as the trademark;Second,"You Are the One" logo is whether the same or similar to Jin's trademark;third,Is the "You Are the One" and the Jin's service is whether the same or similar service.The second part is the discussion of the focus of the three controversy,analysis of the relevant conclusions of the focus.First of all,the analysis of the trademark use of the relevant concepts,specifically to the identification of TV program name of the trademark use,and analysis the behavior of the case of "You Are the One";Secondly,the relevant legal issues of the identification of the same or similar trademarks,Specifically to the identification of whetherTV program logo was the same or similar to registered trademark,and then to the case of "You Are the One" logo specific analysis;Finally,analysis the standard of the same or similar services,specifically to the identification of TV program category,and then to "You Are the One" program category of specific analysis.The third part is the author's thinking of the case of "You Are the One",and also some related legal advice will be proposed.Combined with the above analysis of the focuses,this paper puts forward the existing problems in the identification of trademark infringement cases related to the name of the TV program.and compares with the legislation of Taiwan and the United states,then puts forward some proposal for legislation on how to improve the identification of trademakeinfringement in our country.
Keywords/Search Tags:trademark infringment, trademark use, same trademark, similar trademark, same service, similar service
PDF Full Text Request
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