Study On The Legal Issues Of The Conflict Between Name Right And Trademark Right

In recent years,with the progress of society and the rapid development of economy,the number of trademark registration in China has been growing geometrically,and the number of trademark registration applications has ranked first in the world for many consecutive years.A large number of trademark applications reflect the market’s desire for trademark resources.Driven by huge economic interests,along with the rapid increase in the number of trademark applications and the increasingly fierce competition in the market,the phenomenon of squat registration of celebrity names emerges one after another,which makes the conflict between name right and trademark right increasingly prominent.In today’s society,the name is not only different from other individual names,its commercial value is becoming more and more obvious,the huge commercial interests behind it prompted some enterprises to dig out and also think of the name of others.Registering a celebrity’s name as a trademark on a commodity or service can attract consumers’ attention to the commodity or service in a short time,transfer consumers’ trust and reputation to the commodity or service they buy,and stimulate the desire of the public to buy.This behavior damages the legitimate rights and interests of the name owner,destroys the market balance,and leads to the increasingly fierce conflict between the name right and the trademark right.Therefore,it is necessary to strengthen the supervision on the name right.In March 2020,after eight years of Jordan trademark case finally ended,the Supreme Court’s ruling led to widespread public discussion,although after many years of trademark case come to an end,but in "Jordan" brand for our country in the field name rights and trademark rights conflict has a distinct meaning,the case is not only related to translation name have problems at home,at the same time also involved rights and trademark name subordinate problems.In order to effectively solve the problem of related rights conflict,the author from Michael.Trademark dispute between Jordan and Jordan sports,summarize academic predecessors theoretical perspectives of both rights conflict and the judicial practice about the treatment of such cases,the court at the same time,according to the domestic existing legislative regulation and other country advanced legislation mode,for improving Suggestions solve the conflict between trade name rights in China.This paper consists of five parts.The first part introduces the basic case and the trial process of "Qiaodan Trademark Case".The second part mainly analyzes the controversial focus of the case.The third part discusses some related problems reflected in "Qiaodan" case,introduces the reasons for the conflict between name right and trademark right and the different forms of expression,and discusses the importance of regulating name trademark.The fourth part discusses the current situation of China’s regulation on the settlement of rights conflict,and discusses the resolution mechanism of this problem outside the region.The fifth part is to combine the actual situation of our country,put forward the legislative proposals to solve the conflict between name right and trademark right.