Research On Trademark Infringement Of Building Name

In recent years,with the deepening of urbanization,the development of the real estate industry has been promoted,accompanied by a series of trademark infringement disputes,especially trademark infringement disputes on the building name.For real estate developers,the building name is a vital reflection of the value,taste,humanistic accomplishment and many other factors of the whole building.At present,there are different opinions on the definition of building name in the theoretical circle.There are mainly four opinions: product name theory,service trademark theory,business name theory and geographical name theory.At present,there are different views on the definition of building name in the theoretical circle.There are mainly four opinions: product name theory,service trademark theory,business name theory and geographical name theory.There are three theories about the legal attributes of building names: commercial logo theory,commodity trademark theory and enterprise name theory.In practice,the most common disputes in the real estate field are trademark infringement disputes of building name,especially a series of typical cases,such as “Baijiahu” case,“Champs Elysees”case,“Xiaoyuecheng”case and so on.In these cases,scholars still have big disputes on the cognizance of trademark infringement of building names in China.The disputes mainly focus on the cognizance for trademark use of building names,the cognizance for the possibility of confusion of building names and the rational use of place names.Based on the case of trademark infringement concerning building names in recent years,this paper analyses typical cases combining theory on the basis of stating the concept and legal nature of building names.Thus this paper demonstrates the main factors on the identification of trademark infringement of building names,and furtherly considers the protection of building names in the future and offers proposals,hoping to provide some new ideas for future research.In addition,the purpose is to solve the problem on trademark infringement identification by analyzing the disputes of trademark infringement in building names,hoping to be helpful to relevant judicial practice in the future.