Research On The Conflict Between The Legal Attribute Of Name And Its Commercial Utilization

Name rights are the rights that come from life.For a long time,the right of name bears the spiritual interests of the name holders.However,with the development of the economy,the phenomenon that names are used in commercial activities is becoming more and more common.A small number of individual industries use their names in commodities for promotion.For example,the original use for perfumes,and nowadays names are widely used in most industries.The commercial use of names has become a business competition for the market,enhancing competitiveness and attracting Customers,a common means of increasing sales.However,because of the personality right attribute,that is,it has no economic interest,it is not transferable,etc.,which makes it conflict with the commercial use of the name,and also leads to the regulation that the name commercial use infringement cannot be perfected,so that in practice There has been a phenomenon of different judgments in the same case,which makes the management of the problem in the judicial practice relatively disordered.Therefore,this paper focuses on the conflict between the legal attributes of the name and its commercial use.The first part of this article discusses some basic concepts.The meaning of the name is explained,and the legal attribute of the name is also discussed.The name has personality rights,absolute rights and personal attributes.The second part of the paper discusses the conflict between the legal attributes of names and their commercial use,mainly from three aspects.The reasons for the conflict between the two are mainly theoretical and legislative,followed by the manifestations of the conflict and the consequences of the conflict between its name and its commercial use.The third part of this article talks about the path of conflict resolution.First,we should make certain changes in theory,and secondly,we can strengthen protection from relevant laws.However,there should be a balance between the legal attributes of names and their commercial use,and we should not pay too much attention to the protection of commercial use of names.And can not pay too much attention to the spiritual interests of the list of names.This requires reasonable restrictions on the commercial use of names,so that the two can develop together.