The Research Of The Law Issues In The Protection Of Foreigners' Name Rights In Trademark Law

As market economy grows deeply,people are increasingly concerned with elements that can quickly gather attention from consumers,such as celebrities' names,portraits,and so on.Huge economic interests behind the name are favored by businessmen,which makes the phenomenon heater that people register other persons' name as trademarks.Registration of personal name without the allowance of name owner,belongs to the commercial use of that name,which may infringe upon the prior name rights,or may be rejected by the Trademark Review and Adjudication Board because its similarity with the name trademark registered earlier by celebrities.Such as NBA basketball star Allen Iverson,movie star Britney Spears,as well as the appellant of the case of name disputes which was recently ruled by the Supreme Court,the main players NBA star Michael Jeffrey Jordan and many other celebrities,all have involved litigations because of others unallowed registered their names or translations of names or pinyin as trademarks.It is clear that stealing the economic interests of others' names violates fairness and justice.However,the protection of personal names,especially the foreigner's name,the protection of trademarks when people register their names as trademarks,the conflicts between name rights and trademark rights all challenge the present relevant laws.Although the Supreme Court has set three standards for people to protect their specific names in the latest relevant judicial interpretation,however,still did not clearly define the scope of protection of the name and trademark boundaries.And so,I think it is necessary to study and discuss these issues.In this paper,I will try to define the scope of protection of the name rights in the context of the trademark law,and when will registrations of name trademark infringed the prior name rights on the basis of the relevant cases in our country.Learn from other countries and districts,learn their ways to solve these cases in order to provide useful ways and conferences for our country to face and solve problems of protections of name rights in the context of trademark law.The first chapter is to extract the three problems existed in the name rights protection in the context of trademark law mainly through the analysis of relevant domestic cases.The second chapter is divided into three parts,which all respectively analysis and discuss the three problems mentioned before.That is,the protection of the name rights,the true meaning of protecting name rights in the context of trademark law,and the category protection of trademarks limits name rights.Chapter 3,also divided into three sections,the first section is giving my own solutions and countermeasures on the basis of analysis in Chapter 2,the second section is going to attest the feasibility of the above-mentioned countermeasures and reasons,and the third section is to sum up my countermeasures and methods to protect name rights in the context of trademark law.