Study on the Protection of Sports Star’s Name Right from the Perspective of Trademark Law
Taking “Qiaodan Trademark” as an Example
- DOI
- 10.2991/assehr.k.211215.020How to use a DOI?
- Keywords
- Name right; Qiaodan trademark; Trademark squatting; Prior right; Infringement
- Abstract
The case related to the trademark “Qiaodan” heard by the Supreme People’s Court has attracted the world-wide attention. The fast development of sports business has made the sports stars’ name of vital importance with great commercial value. The name right is an important personality right, the trademark holder owns an exclusive property right. The behaviour of squatting the sports stars’ names as trademarks is an infringement to the name right of sports stars, meanwhile this trademark squatting constitutes an unfair competition, which damages the lawful rights of the sports stars and the consumers, as well as the sports development of China. The Chinese trademark law has no regulation on the issue that the sports stars’ names can be squatted as trademark, however the regulation “an application for maliciously registering a trademark without the purpose of actual use or intent-to-use should be rejected” in the latest revision of trademark law will lower the possibility of squatting the sports stars’ names as trademarks.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Xiaowen Xiao AU - Feiya Xiao PY - 2021 DA - 2021/12/15 TI - Study on the Protection of Sports Star’s Name Right from the Perspective of Trademark Law BT - Proceedings of the 7th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2021) PB - Atlantis Press SP - 108 EP - 113 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211215.020 DO - 10.2991/assehr.k.211215.020 ID - Xiao2021 ER -