The Research Of Goodwill During Trademark Licensing

Beyond all doubt,the trademark should be given back to the licensor after the trademark license term.As the essence of trademark,goodwill determines the earning power of a trademark,so goodwill would have the same rule of attribution with the trademark which represents it.Whereas the lawsuits between WANGLAOJI and JIADUOBAO made a challenge to this principle both theoretically and practically.The lawsuits of WANGLAOJI and JIADUOBAO are more of a competition for goodwill underneath the intellectual properties than intellectual properties themselves.This paper first introduced typical lawsuits between WANGLAOJI and JIADUOBAO and raise the concept of goodwill which contains business reputation and reputation of goods.The reputation of goods should be represented by trademark,therefore it should indivisible with the trademark.Then the paper analyzed the lawsuits between WANGLAOJI and JIADUOBAO based on the judgments so far through the perspective of goodwill.Finally,the paper did some legal consideration and provided legal suggestion for legislation and provided several applicable remedies for goodwill infringement.