A Study On The Conflict Between Name Right And Trademark Right

With the development of the market economy,the social competition is intensifying.In order to pursue more economic interests,more and more businesses have noticed the huge commercial value implied by the name,which can shorten the public's use of the registered trademark.The recognition time of the goods and services,and the public recognition,so that operators in the fierce competition in the market as soon as possible to establish a dominant position,but it is contrary to the principle of good faith,infringed the legitimate rights and interests of the right name.In the pursuit of the interests of the name and trademark were registered cases frequently appear,this is not just a social phenomenon,this is a legal issue.From the "Jeremy Lin" case in recent years to the "Jordan" trademark case which has attracted much attention,the conflict between name right and trademark right has become more and more serious.The conflict has affected the interests of right holders as well as the interests of consumers.Faced with this phenomenon,in order to better regulate the market order,it is indeed necessary to conduct an in-depth study of the conflict between the right of name and trademark,and to perfect the relevant system in light of the shortcomings of the present stage.In this paper,case studies,conceptual analysis,comparative research and other methods of name rights and trademark rights of the conflict and the current situation in China facing the plight of this issue put forward their own recommendations.This paper consists of five parts.The first part,starting from the case of "Michael Jordan v.Jordan sports infringement of his right of name",at the same time,introduced the controversy focus of the case and the discussion triggered by it.In the second part,this part introduces the basic outline of the name and trademark,and gives a detailed description of the concept,characteristics and classification of the name trademark.At the same time,it also expresses the relationship between the name right and the trademark right.The third part mainly discusses the related problems reflected in the Jordan case.The author introduces the reasons why the name right conflicts with the trademark right and the different manifestations,and expounds the importance of the name trademark.The fourth part discusses the specific laws and regulations on the registration of trademark names,and discusses the settlement mechanism of this problem in the United States,Britain,Japan and Germany.In the fifth part,the author puts forward some specific suggestions on perfecting the mechanism of the conflict of name rights and trademark rights in the light of the actual situation in China,and proposes to introduce the image right system.