Research On Cybersquatting Of Celebrity Names And Trademarks

With the continuous prosperity and development of new media,the celebrity effect and the internet celebrity effect have become very popular.As a symbol of their personal social value,celebrities’ names have great social influence.In order to seize high profits and market share,some opportunistic market players attempt to take advantage of celebrities by improper means,resulting in the frequent occurrence of celebrity name trademark snatching.In this paper,we have studied the meaning of the relevant provisions of the Trademark Law and the dilemma of its application,clarified the specific considerations of the "adverse effect" and "prior rights" provisions in the application of the Trademark Law,and determined the infringement with the help of the "three elements".With the "three elements" to determine the malice of the subjective intent of the trademark grabbers,the value-oriented principle of honesty and credit and the principle of balance of interests,the limitations of the current law in regulating the trademark grabbing of celebrity names are briefly analyzed,and suggestions for improvement are put forward,taking into account the regulatory experience of foreign countries and China’s national conditions: softening the absolute trademark registration and acquisition system,setting up restrictions on trademark transfer,and establishing a malicious trademark grabbing system.The law also proposes to soften the absolute trademark registration system,set up restrictions on trademark transfer,establish a "blacklist" and a "database for breach of trust" system for malicious infringement,add punitive liability,and strengthen the awareness of timely declaration,regular review and evidence retention of celebrities.