The Legal Thinking On The Conflict Between Celebrity Name Rights And Trademark Rights Triggered By The "Jordan" Case

Driven by huge economic interests,the phenomenon of celebrity names being registered as trademarks have emerged one after another.This has made the conflict between celebrity name rights and trademark rights intensified.As the names of celebrities are rather special,how to properly resolve the legal conflict between the rights of celebrity names and trademark rights has become a hot and difficult issue nowadays.In 2016,the Supreme People's Court had a benchmarking significance for the public pronouncement of the “QIAODAN” case.Taking the “QIAODAN” case as a breakthrough,combining the focus of the dispute in the case and the referee ideas of the judge,the specific content of the protection of the right of prior name,the constitutive requirements of the damage to the right of prior name,and the commercial success of the registrant will be discussed.Issues such as the results of infringement determinations,taking into account the value orientation,will help clarify the legal issues concerning the conflict between celebrity name rights and trademark rights.Through the analysis of "QIAODAN" case,the article draws the status quo of the clash between celebrity's right of ownership and trademark rights,explores how to properly resolve the conflict of rights according to the existing laws in practice,and propose solutions to the conflict of rights from different perspectives.