Suggestions On Conflict Resolution Of Celebrity Name Rights And Trademark Rights

The economic value of trademark has been greatly enlarged in today’s economic globalization.Many people believe in the power of brand.In this process,the development of the system of name right and trademark right is closely related.Many trademarks in life are named after the name,among which the famous person’s name is registered as a trademark,which often represents the peak in a certain field.However,it is because of the strong economic value behind the names of celebrities that the names of celebrities are registered as trademarks by businesses,which has the effect of four or two thousand pounds,and brings huge commercial benefits with little cost.The behavior that caused businessman malice to rob a note is forbidden repeatedly.Functional departments in our country in solving the celebrity’s name right of regulations and the trademark rights conflict is based on one of article 32 of the trademark law,article 8,the right of name in "civil law" and "anti-unfair competition law" regulation,the registered celebrity name ACTS as trademarks have certain specifications,but in the real case is still in the process of standard fuzzy,the power of the right holder didn’t get really effective protection.This paper tries to put forward some Suggestions on the conflict between name right and trademark right through four parts.The first part,by the famous Jordan trademark infringement(Jordan in 2016 the Supreme Court decision three pieces of trademark infringement case)as the prerequisite,then evaluation and the judgment of the court as a result,the analysis of the Supreme People’s Court of the second judgment,to analysis the cause of the reverse,triggered by the case of celebrity name rights and trademark rights conflict resolution.The second part,to find out the manifestation of the conflict between the name right and trademark right of celebrities,among which,to analyze the causes of the conflict and the harm brought by the conflict,is the precondition for us to find solutions and put forward Suggestions.The third part analyzes the protection of name right and trademark in the current domestic legal system.And compare Japanese and American laws on conflict resolution.The fourth part puts forward Suggestions on the resolution of the conflict between the name right and trademark right of celebrities,and improves the relevant internal and external factors.And put forward specific Suggestions to the judicial practice;And the diversification of punishment measures are explained.