Regulations On Improper Use Of Famous Enterprise's Former Name

After the enterprise's name changed or canceled,intangible property including goodwill will not be lost within a certain period of time,others can not be arbitrarily registered,it must be given legal adjustment and protection?There are many problems in the market practice,and its root is: outside the jurisdiction of the competent registration authority,other enterprises in the same industry may use the enterprise's former name,although a direct violation may not achieve the right of trade name,but there may be adverse impact on the enterprise,such as lead to consumer confusion and cause a decline in business or goodwill impairment.But at this point,there is no legal basis,no administrative protection measures.But in the practice of social life,not all seek illegal interests' conditions,will fully comply with these rights protection mode by default,especially the market competition practice,seeking to maximize their improper interests premise illegal operators always indirectly and implicitly violate the rights of others,including the use of the enterprise's former name.These acts not only directly damage the legitimate business operators' competitive interests,but also damage the interests of consumers and cause the destruction of the order of competition.Therefore,these actions need to set corresponding regulatory measures.From the order of competition,because the commercial mark carries the company's goodwill,so if others under the guise of commercial signs in business behavior,not only damages the legitimate rights and interests of people,but also because of the relative transaction confusion to the relative mean to true,counterpart will face a huge transaction risk,the flow of resources and configuration will be in a non-profit state.At the same time,the "free rider" behavior of enterprise's former name is extremely unfair to easily gain a competitive advantage without paying the price.From the perspective of the protection of consumer interests,the trade name is the most basic information source of consumer behavior,must have authenticity,otherwise it is easy to cause the public to make the wrong choice,and suffer the damage of the interests.According to the legislation practice,only during the existence of enterprises,it has the right of trade name,after enterprise closing,"the right of trade name" would not exist.But in most countries,after the demise of the enterprise,the state is still a period of time to maintain the name of "disable" protection,that other enterprises in the period shall not use the name.Generally,less well-known commercial marks,the right to be protected is limited,and set aside public space more big,the less possibility of rejection of another to use to do;instead,the more well-known commercial marks,the exclusive right is stronger,the scope and extent of protection is stronger,the possibility in the public domain is less,and others have the higher requirements to avoid infringement.The registration of enterprises in a certain area,does not mean that the company can only conduct business activities in the region,and the brand name have more ability to referring to the source than the trademark,so the protection of trade name should not limited in registration authority to the jurisdiction,and we should take the integrated enterprise famous degree,the scope of business to define the scope of protection into consideration.For well-known trade name or brand name,in order to ensure the integrity of the market,protection area should be beyond the registration area.The understanding of trade name has experienced the development and evolution of market competition practice,judicial interpretation and theory.In the early judicial practice and legal circles,for the unauthorized use of other people's "trade name",basically understood by the four part of the full name of the composition.But the strict interpretation seems to be separated from the practice of market operation,trade name is a sign of difference between different market players,and can distinguish between different sources of goods or services,and that brand name is the core elements of trade name of the enterprise,has more significant recognition function.So,gradually put the band name into the scope of the meaning of the trade name.After the development of practice,for long-term and extensive use of short form of trade name,has a certain market visibility,known to the relevant public,actually has firm effect as the trade name,can be regarded as the name of the enterprise shall be protected.Pen name or stage name is not registered in the legal registration authority,but because the pen name,stage name has a certain reputation,with a point clear,if unauthorized use,will cause public confusion and misunderstanding,so the law give the pen name,stage name equal protection as registered “name”,so,if the enterprise's former name also has the directivity clearly,the law should also protect the kind of commercial mark.The trade name is the information carrier and the externalization mark,its primary function lies in the identification.Enterprise's former name is a kind of symbol after the event,and as long as the symbol has directivity clearly enough to associate through the symbol of the enterprise itself,it has been playing with the same function of trade name.So,as long as the use of the enterprise's former name,cause the damage to the legitimate interests protected by the anti-unfair competition law,although not within the scope of the plaintiff's rights,can also use the regulation of the defendant's conduct to be adjusted.Unfair competition originally refers to the unfair competition between the same business customer behaviors,and now the nature of unfair competition more refers to improper behavior to attract consumers.The identify of "Unfair" by on one hand the type of various specific behavior in the legislation,on the other hand through the general provisions by law enforcement,judicial application of the principle of honesty and credit and the generally recognized business ethics for concrete determination."Attracting Consumers" is to promote the operators of their own(mainly the goods or services)attractive to consumers,it can be shown three cases of appeals such as theft appeal,inflated their own attractiveness,detract from the others.The basic function of competition law is to protect identification marks lies in anti-confusion and anti-dilution.So,the anti-unfair competition law to protect the name of the enterprise is to prohibit confusion or dilution behavior.Because the anti-unfair competition law prohibits the unfair competition use of trade name,it can be introduced that the essence of unfair use of trade name is confusion or dilution of the trade name of others.The general purpose of anti-unfair competition law is to prevent competitors from confusing their goods or services with other operators' goods or services.The enterprise's former name in nature is a kind of commercial marks,consumers also distinguish different external business or service by it.And it is the same as a natural person,specially belongs to the attached enterprise.The enterprise's former name contains certain brand benefit and the social public to the good evaluation of its products,intangible value has brought economic benefits to the company and its successors,and this value does not change with the enterprise state and immediately disappeared,it will continued in a reasonable period of time in accordance with the effect to consumer.Anti-unfair competition law restrict a violation of good faith principles and recognized business ethics,damage the legitimate rights and interests of other operators,disrupt fair competition order behaviors.The subjective state of the actor is crucial to the determination of unfair competition.Generally speaking,if the enterprise's former name has a certain reputation,business scope and business area has a coincidence with former,the basic presumption of user's behavior intention to near the famous and free rider,violated the principle of good faith.Other enterprises wanton use famous enterprises' former name,common consumers in the purchase of goods or services received,easily according to the misleading impression,make the wrong decision,that is misleading.so these enterprises to constitute false propaganda.Trademark and goodwill are independent of each other,the registered trademark is independent of each other,but the goodwill is entirely possible is the same or has inherited relationship,even if the original trademark were failure.Similarly,famous enterprises' former name bearing goodwill can also be the new enterprise name extension.