| Trademark goodwill clings is a concept that clinging another person’s goodwill to gain a competitive advantage in market,the behavior uses goodwill formed by others without agree for their own competitive in the market.The clinkers use the clings to establish contact with their own goods or services with the goodwill formed by another person’s trademark,so as to attract consumers and open up markets.Obviously,in the positive sense,this is a low-cost but high-efficiency propaganda way.In the negative sense,improper use will lead to trademark infringement and unfair competition,but rational use can play the positive value of clinging behavior and stimulate market vitality.By combing cases,this paper explains the concept of trademark goodwill clinging behavior,sums up the common forms of clinging behavior,and compares similar behaviors;Through the analysis of the legitimacy of external availability,semiotics,trademark law and competition law,this paper explains the availability,value of trademark goodwill and the legitimacy of participating in market competition.Finally,combined with the case in the current law and judicial practice,the paper want to seek the best way of legal relief,the paper explains the insufficient regulation of law on the attachment of goodwill of trademark,this paper talks about how to solve the problem in trademark law and it also sees in anti-unfair competition law to seek ways,so it probes into the treatment of this problem by anti-unfair competition law within the framework of the current legal system,and,it also combined with judicial determination.Above all,the paper want to seek the effective way in anti-unfair competition law to solve the problem,and discusses the basic rules,and also talks about feasible paths of fair use of trademark goodwill,including trademark goodwill licensing,consent to attachment,OEM processing,etc.In addition,it provides path thinking for operators to refute attachment to other people’s trademark goodwill,mainly relying on the non-trademark use of certification trademarks. |
