The Legal Prohibition Of The Use Of Celebrity Name As Trademark

The trademark and the name are both signs,but they belong to different systems where they are not parallel.However,due to the development of economy and society,the property interests of name,especially the celebrity name are constantly tapped and the commercialization of the celebrity name has become increasingly strong.This provides the possibility for the use of celebrity name as trademark,but also foreshadows the conflict between trademark right and the right of name.In judicial practice,the use of celebrity name as trademark mainly refers to whether the registration of the name of a celebrity as a trademark can be successful,and the judging criteria are mainly concentrated in the act of the trademark law: the “adverse influence” clause,the “antecedent rights” clause,the Jordan case's judgment rules and the judicial interpretation announced at the beginning of 2017 by supreme court.The judicial interpretation mentioned above is more detailed in the provisions on the use of celebrity name as trademark.It refers and inherits to the “adverse influence” clause,the “antecedent rights” clause and the ruling in the retrial of the Jordan case and relied on the ruling to create the “adverse influence” clause and the “antecedent rights” clause.This article is divided into four chapters,the first chapter is an introduction,sorts out the background of this topic,the research status and the analytical method;the second chapter refers to the practice,selects eight typical cases for analysis,summarizes different types of cases and the problems existing in practice;the third chapter is institutional design,selects current rules for analysis of rules;the fourth chapter is jurisprudential analysis,a comprehensive analysis of different perspectives: public order and good morals,the equity of interest and pragmatic conflict.This article is based on the Jordan case and other cases,focusing on the use of celebrity name,analyzing the current legal rules,and exploring the theoretical support behind the rules.