The He Qinfang On Rolling Stone V. Analysis Of The Infringement Dispute Case

The Rolling Stones Music, Inc. v. HE Qinfang case mainly related to the usefor infringement of unregistered trademarks. This is a typical case in China for anunregistered well-known trademark protection. First and second instance in this case,none of the court finds infringed unregistered trademarks are the well-knowntrademarks and this verdict caused widespread controversy in the academiccommunity. The main focus of this case was whether the infringed trademarks to beprotected by copyright or trademark exclusive right, there is no need identified forthe well-known trademarks, as well as whether the plaintiffs enjoy standing to sue.According to relevant laws and regulations, and legal analysis, the conclusion thatcase the plaintiff entitled to the subject of proceedings qualifications, and infringedtrademark can not be protected by copyright or trademark the exclusive right. Bycomprehensive analysis, the court’s decision is ill conceived. This case also revealsthe conservation status of well-known trademarks in China nowadays, which has acertain instructive. Unregistered well-known trademark protection system within thescope of international law steeped in history, but this system in our country is in itsinfancy, so there are still many imperfections. Overlap of copyright and trademarkprotection has not been a sound legal system to clear. For the above shortcomings,and then summed up in the case of overlapping of the trademark and copyrightprotection of the rights of rights holders can choose one of the protection of therights embodied in civil law autonomy. In addition, more importantly, the articlecorrectly grasp the gist of the spirit of well-known trademark protection, as wellknown trademark standards and conditions, so as to reasonably identify and protectunregistered well-known trademarks.