A Study On The Legal Issues Concerning The Infringement Of The Right To A Registered Trademark

In December 2016,the Jordan case finally settled.The Supreme Court of the People's Republic of China has tried the legal case for the trademark dispute between the American basketball star Michael Geoffrey Jordan and "Jordan Sports." According to the judgment of the Supreme People's Court,it was found that Jordan Sports Co.,Ltd.violated the provisions of Article 31 of the "Trademark Law," and the registration of the disputed trademark "Jordan" involved in the case undermined Michael Jordan's prior name rights.This article will analyze and discuss through five parts,clarify the problem,and put forward specific recommendations in practice.The first chapter is mainly about the "Jordan case" review of the case and referee results.The Supreme People's Court made it clear through the form of judgment that natural persons must be able to claim the right of protection against a particular name when they meet three conditions at the same time:First,the specific name is widely known;second,the public directly refers to the specific name.Lenovo is the natural person who claims this right;and thirdly,there is a correspondence between this specific name and the natural person who claims the right of name.The second chapter first elaborates the definition,power and rights attribute of the right of name,and then analyzes the preconditions of the name right being able to be protected as a trademark,the analysis of the causes of the conflict between the name right and the trademark right,the expression of the conflict between the name right and the trademark right,and finally combing.The legal provisions concerning the conflict between the registered trademark and the right of prior name in our country's laws.The third chapter analyzes the administrative remedies for the infringement of the right of prior name registration-invalid declaration system,and elaborates the current status and procedure of the invalidation of registered trademark.The fourth chapter analyzes the ways in which a registered trademark infringes a prior name right in a civil lawsuit-a civil lawsuit brought on grounds that the right to name has been violated.This chapter first analyzes the constitutive requirements of registered trademark infringement of the right to first name,and then analyzes the advantages and disadvantages of the relationship between the stable correspondence theory and the unique correspondence between the specific name and the name of the natural person.Finally,the commercialization of personality identification is introduced.Theory,and argue that in judicial practice,this theory should be used to resolve legal issues that conflict between registered trademark and prior name rights.The fifth chapter summarizes the author's point of view,and clarifies the basic principles that should be followed in resolving the infringement of the prior name right of the registered trademark:the principle of good faith,the principle of balancing interests,and the principle of protecting prior rights.At the same time,it also clarifies the remedy for conflict between the registered trademark and the right of-previous name,that is,the application for declaring the registered trademark to the Trademark Review and Adjudication Board is invalid according to Article 44 of the Trademark Law;or the civil suit is filed for violation of the right of previous name.Finally,for the "Jordan case" review,the Supreme Court has an important historical significance for the retrial of the "Michael Jordan" trademark dispute administrative case:it provides a standard for handling cases in which a registered trademark conflicts with an earlier name right.