Legal Regulation Of Celebrity Name Trademark Stakes

With the development of society Celebrity names in addition to representing the honor of celebrities behind the hidden economic interests of celebrity products their market profits than the use of general trademark products several times higher or dozens of times the hidden economic benefits behind celebrity names can be seen in the celebrity effect and high economic interests under the temptation to induce many people to quickly obtain economic benefits and grab celebrity names for trademark behavior led to the gradual increase in the situation of name and trademark rights conflict.At present,China's examination organs in dealing with such disputes,mainly cited the "adverse effects clause" and the first right clause to make a decision The theoretical and practical circles have basically agreed on the"adverse effects clause and the application of the prior rights clause" the scope of application of the "influence on the public interest and public order"trademark application of the name and trademark infringement of the civil rights of celebrities in the first right clause 2016 the Supreme People's Court made a landmark judgment on such cases for many years Jordan In the final decision of the case,the commercial interest of name is classified as the scope of the protection of the right to name,and clearly determine that the standard of the name trademark infringes the right to name of others is that the relevant public when they see a trademark can be associated with a celebrity who thinks that the trademark or the goods that use the trademark are related to the celebrity This judgment provides ideas for future trademark review committees and people's courts at all levels in the dispute severity of trademark and name rights,but Because the relevant provisions regulating name and trademark are still not clear enough in judicial practice when dealing with such disputes,there will be different understanding of the law,the reference is not clear,the trial standard is vague and so on.This article analyzes the reasons for the grabbing of celebrity names Expression and the criteria for identifying celebrity names as entry points from the law and case spree to explore the adverse effects of China's handling of name rights and trademark disputes and the prior rights clauses and through the analysis of the extraterritorial state protection model of name and trademark trademarks and the relief way of the case of name and trademark disputes combined with the summary of China's national conditions to propose the legislation of the regulatory name registration as a trademark and the remedy after the fact.This article is divided into four parts:The first part is the foreword mainly introduces the background of the act of grabbing celebrity names as trademarks The significance of research overview Research methods Research paper framework and main contents.The second part is the status quo of celebrity name trademark grabbing Chapter ? Experience of the experience of the legal protection of name and trademark legal protection Chapter ? The problems of the legal regulation of celebrity name trademark grabbing in China This part takes the status quo of grabbing other people's names as trademarks as the entry point By analyzing the provisions of the extraterritorial state on the regulation of the behavior of the name-grabbing trademark to explore the legislative model and legislative purpose of various countries the main applicable legal provisions and the existence of the law applicable to the regulation of name trademark grabbing behavior in ChinaThe third part is chapter four "Celebrity name trademark grabbing legal regulation proposal " For the aforementioned discussion and research on the behavior of China's celebrity name trademark behavior and the relevant provisions of the law combined with extraterritorial countries for the improvement of China's name trademark grabbing legal regulation should abide by the principles of specific improvement measures,etc.The fourth part is the conclusion of the article summarizes the situation of name trademark stakes clearly perfect the meaning of the name trademark legal regulation.