Discussion On The Limits Of Rationality Of Parasitic Advertisement

Parasitic advertising is a form of advertising that gains a competitive advantage by making use of or refering to goodwill from others who are often well-known for their goodwill.And the advtiser involve others’ goodwill and their own goods or services through using others’ goodwill to attract consumers to the promot their own goods.This advertising is a highly efficient,low-cost form of publicity.However,Most scholars questioned the rationality of this advertising method for its obtaining efficient promoting effect only through the " using or refering goodwill from others ".Some hold that parasitic ads gains without neccessry work and breaks the basic business ethics.Using goodwill goodwill from others which links with others easily to give consumers misunderstanding which is unfair competition behavior,Parasitic behavior is the abuse of others goodwill and advertising on the use of other trademarks attributes to trademark infringement and so on.I believe that these views are reasonable while parasitic ads also have a certain rationality if is applied properly in the use of goodwill when others should pay attention to the necessary limits.In this paper,after the use of theories and case analysis of the combination of research methods the writer tried to solve the current issue of China’s parasitic advertising and put forward the limits of its rationality.This paper summarizes the theoretical achievements related to the research of parasitic advertisements both at home and abroad,and draws the multi-angle analysis on the rationality of parasitic advertisements under the framework of Anti-unfair competition law and trademark law,which is based on the reality of China ’s parasitic advertisements.Then the writer put forward the practical application of parasitic advertising reasonable limits after the dialectical analysis of domestic and foreign related cases.The article is divided into three chapters,the first chapter is an overview of parasitic advertising and the existing problems of the study.This part of the current parasitic advertising research sorts out the basic theory by analyzing the relevant cases to summarize the current parasitic advertising legal issues.The second chapter is the rationality analysis of parasitic advertisements.This part demonstrates the rationality of parasitic advertisements Under the regulation of Anti-unfair competition law and trademark law through theoretical analysis and oversea experience which discusses the feasibility of parasitic advertising to promote competition,freedom of commercial speech,right of consumers to know the reality and public interest protection,especially the focus on the feasibility of the use of goodwill to solve the issues of parasitic advertisements’ using of goodwill.The third chapter is a summary of the reasonable boundaries of the parasitic advertising which mainly includes three views.The points of view of Anti-unfair competition law: the prohibition of false propaganda,the regulation of recognized business ethics;the trademark law prohibits the confusing of the trademark.The main conclusion of this article is that the improper use of parasitic advertisements for the use of goodwill in others is not allowed.But if the parasitic advertisements which make use of other people’s goodwill in the permission of others and pay a reasonable price,deliver true advertising information,is conducive to legitimate market competition or conducive to the protection of the public interest,this kind of parasitic advertising is reasonable.