Study On Legal Issues Of Celebrity Name Trademark Squatting

With the continuous development of social economy,there are more and more kinds of goods and services in the market.Different goods and services also adopt different signs,namely trademarks,to distinguish them from each other,so as to carry out corresponding advertising and other commercial activities.In the process of this development,the celebrity’s name has been known by the public,the inherent distinctiveness is higher and then has certain popularity and appeal.So inevitably some businesses have taken the celebrity’s name to be brand,to attract the attention of consumers.The emergence of this phenomenon and problems is not only the damage to the rights and interests of the original right holders,but also the deception to the consumers and hinder the benign development of the market economy.Legally speaking,celebrity name is a kind of name,name belongs to the object of the right of name,trademark is the object of trademark right.In terms of semiotics,celebrity name and trademark are both signs in essence,with the same semiotics function: name distinguishes a specific natural person,and trademark distinguishes a specific source of goods or services.When the function of the celebrity name symbol to mark the source and distinguish is transferred to the trademark through the way of squatting,there will be a conflict between the two rights.How to solve the resulting legal problems? Whether semiotics can provide the basis for the identification of celebrity name trademark?Therefore,in the face of the social phenomenon and legal problems of trademark squatting of celebrity names,this thesis intends to take semiotics as a research method to research the problem.And then taking trademark law as the entry point to analyze the right conflicts,so as to provide feasible standards for the identification of trademark squatting.At the same time,from the perspective of trademark law,civil law,anti-unfair competition law and so on,this thesis provides suggestions for the regulation of celebrity name trademark squatting and the improvement of relevant legislation.The structure of the thesis is as follows:Part I: Expounding the current situation of trademark squatting of celebrity names and analyzing its reasons.At the same time,this thesis puts forward the resulting legal problems: how to solve the right conflict and how to identify the celebrity name trademark squatting.Part II: Analyzing the regulation of trademark squatting of celebrity names under the current legislative framework in China.Starting from the provisions in the field of trademark law,this part analyzes the ways to resolve conflicts and specific standards for identification.Part III: Based on the relevant cases in the above research and practice,exploring the ways to improve the trademark protection of celebrity names in the fields of civil law,trademark law,anti-unfair competition law and so on.