On The Protection Of Enterprise Name Against Unfair Competition Law ——A Case Study Of The Dispute Over Trademark Infringement Between Shanghai Qifan Company And Sichuan Beifan Company

Trademarks and brand names are both commercial signs.Due to the different ways of obtaining them,they provide opportunities for operators who try to "next to famous brands" and "free riders" to enhance their competitive advantages,which makes unfair competition behaviors.It is increasingly showing the trend of concealment,flexibility and diversification.In particular,there are more and more unauthorized use of the same or similar brand names as others’ registered trademarks for business activities.Since many companies use their company name as part of their trademark,the use of a trademark as a font size may also constitute an unfair competition act of using someone else’s font size without the consent of the owner of the font size.In addition,Article 58 of the Trademark Law also incorporates this behavior into the provisions of the Anti-Unfair Competition Law.In addition,the current Anti-Unfair Competition Law has revised and improved the provisions on unauthorized use of enterprise names,and increased the enterprise name.status protected by the Unfair Competition Act.Therefore,in response to this situation,my country’s judicial practice adopts both the Trademark Law and the Anti-Unfair Competition Law to implement dual protection.The author found through reviewing relevant cases on China Judgment Online that in judicial practice,the applicable law is usually selected based on whether the font size is prominently used.Apply the Anti-Unfair Competition Law for protection.However,it is not reasonable to determine the application of the law only by "prominent use",so it is necessary to judge whether it is trademark infringement or unfair competition according to the nature of the behavior.Therefore,this article takes Shanghai Qifan Co.v.Sichuan Beifan Co.,Ltd.as an example of a trademark infringement dispute.By comprehensively reading relevant literature and consulting relevant cases,this article analyzes how the law should be applied to the use of others’ trademarks as trade names.The purpose is to discuss The conflict between trademark rights and font size rights and the identification of font size confusion.The full text of this paper is divided into four parts from the structure: The first part is the introduction,which mainly expounds the meaning of the selected topic,the literature review of the selected topic,the research content and method.The second part is the brief introduction and dispute focus of the case to be analyzed in this paper.By elaborating the relevant case facts of this case,it is analyzed that the dispute focus of this case is that Sichuan Beifan Co.Whether the use of part of the registered enterprise name constitutes trademark infringement or unfair competition.The third part is the legal analysis of the disputes involved in this case.First,it analyzes the reasons why the behavior of Sichuan Beifan Company does not constitute trademark infringement,and secondly,it analyzes that Sichuan Beifan Company’s use of "Qifan" as its enterprise name constitutes an unfairness.compete.The fourth part is based on the analysis of Shanghai Qifan Company v.Sichuan Beifan Company’s trademark infringement dispute case and collected similar cases according to the first two parts,and put forward the thoughts and suggestions pertinently.