Research On Unfair Competition Behavior Of Counterfeit Well-known Service-specific Names

As one of the three major industries of China's economy,the service industry plays an important role in the development of the national economy.In the process of service industry innovation,service name,as a commercial logo of identification function,its commercial value is becoming more and more obvious.A unique service name can earn social reputation and market position.The more the service name of a well-known service,the greater its commercial value.However,with the prominent commercial value of the well-known service name,malicious competitors attempt to “free ride”.They often promote their services by counterfeiting the unique names of well-known services.This behavior seriously violates the business reputation and economic interests of the operators,and is not conducive to promoting the healthy development of the service industry.In judicial practice,the behavior of counterfeiting the unique name of well-known services has been increasing year by year.Due to the relatively abstract legal provisions in China that protect the unique names of well-known services,and the complexity and particularity of the cases,the courts often encounter difficulties in trying such cases,mainly on how to identify the reputation of the service."Peculiarity" is how to determine,and how counterfeiting behavior constitutes unfair competition behavior.Therefore,in order to better protect the unique name of well-known services,this article starts from the perspective of the case,draws the key content of the article,and uses empirical analysis to explore and study the key content of the article.First,define the concept of well-known services and unique names,so as to clarify the criteria for the recognition of uniqueness and specificity.Secondly,analyze the three behavioral conditions of the unique names of counterfeit well-known services,and then find the judicial reality dilemma;finally,the reality exists.The problem is analyzed and regulatory recommendations are made for counterfeiting the unique name behavior ofwell-known services.Through the elaboration of the above content,I hope to provide an effective way to protect the unique names of well-known services,so as to protect the interests of operators and consumers and promote the healthy and orderly development of the service industry.