Jeremy LinThe United States of America,Chinese occupation basketball player,played for the NBA team New York Nicks. Recently,Jeremy Lin and crazy by virtue of its excellent performance,not only conquered the fans,but also shocked the world,even the president of the United StatesObamaTo visit the site to see him play. Due to the huge attention,New York also sweep ?Linsanity? forest to crazy.Besides New York,far away on the other side of China,also lifted the upsurge of Jeremy Lin. Not only the majority of Chinese fans of Jeremy Lin actively pursued,but also attracted many businessmen eye,they will look at ?Jeremy Lin? these three characters of economic benefits and commercial value. Carry according to the newspaper,in Jiangsu,Wuxi,has a sporting goods company to spend 4460 yuan to ?Jeremy Lin? two mark,its application for the trademark for the ?JeremyS.H.L Jeremy Lin?,in 25 and 28 respectively for the two categories. Among them,twenty-fifth main types of clothing,shoes,caps,twenty-eighth categories of movement is the main sports,games,toys and so on,the two application already obtained nationalAdministration for Industry and CommerceThe Trademark Office approval. The author thinks,as a result of the alleged bad-faith registered trademark infringement,and the right of name,TRAb shall revoke the registered trademark,otherwise,will cause a series of adverse consequences andLawDispute.Recommended readingChina?s rich list ranked second in Karamay City beyond the Erdos (group of pictures) The European Union brewing a carbon tax levyJordan Jordan sport claims to tens of millions ofThe world bank said China must deeply reformDeath church denies bile bears prior injection of anestheticsThe Chinese model of income (group of pictures) Compete [God] Trading King surfacedHe Chengying: China slowdown risk??A malicious cybersquatting,violation of China?s ?trademark law? the relevant provisions?Malicious cybersquatting? generally refers to for the purpose of profit,by unfair means registered first by others in the field or related fields have been used and have a certain impact on the trademark,domain name or trade name and other rights behavior. This behavior can bring certain economic benefits by. About ?malicious trademark?,?trademark law? stipulates that the thirty-first: ?not by unfair means to register has been used by others and has a certain impact on the trademark?. Therefore,?malicious cybersquatting? is the applicant uses unreasonable or illegal means,will has been used by others but not yet registered trademark on its own behalf to the Trademark Office for the registration act. Because of China?s trademark law trademark right is to apply for registration as a principle,so,in economic interest drive below,many businesses try various devices to the first registration of others has been used and have certain effect,but have not yet registered trademark,which is also the malicious cybersquatting acts increasingly flush main reason.According to media reports,registered ?Jeremy Lin? brand sporting goods company,in August 7,2011 by the State Administration for Industry and Commerce Trade Bureau approved,made ?Jeremy Lin? in the two categories of trademark rights. Thereafter,until the beginning of 2012,the name of Jeremy Lin by more and more people know,pay close attention to increasingly high. From the time,the company registered trademark is ?Jeremy Lin? in his famous before,in addition,the company also has to a number of famous young basketball the bright younger generation name registered trademark,indeed,we do not rule out that the company is a kind of anticipation nature of the business,but to the contrary,if the the law does not prohibit such actions,then,businessmen will be a gamble,as far as possible,the bright younger generation will be the future of those sports star name applies to be registered as trademark,if some day in the future,one of the one or twoThe National People?s CongressRed purple,then the trademark will give applicants bring enormous economic benefits and commercial value,the original application for trademark registration cost is not worth mentioning. There are such as recently fierce Apple iPad trademark dispute trademark,iPad brings Shenzhen?s commercial value is a number after all,I?m afraid everyone will have their own digital.In addition,the author explores,?malicious cybersquatting cybersquatting? behavior of human purpose,it is based on the future economic interests and the commercial value of the judgment. If be grabbed to note a person fame,others through the effort of the name value will directly enhance the visibility of the hijacking,and eventually realize the commercial purpose. Even if be grabbed to note a person is not expected to rush,people,the loss will be very small.Despite the ?trademark law? for malicious cybersquatting acts as prohibited provisions,but in practice,merchants malicious behavior still have their way,brand management department should be strictly controlled,even before the registration fails to be registered after the screening,shall timely cancel,ensuring a fair and reasonable market environment,otherwise,will fall into the ?malicious cybersquatting? wind does not cease,?draw near famous hitchhiking? wind more than a vicious spiral.?In two,Jeremy Lin?s name rights violationsChina?s ?general principles of civil law? the ninety-ninth regulation: ?citizen shall enjoy the right of personal name,have the right to decide,in accordance with the provisions of the use and change his name,to prohibit interference,embezzlement,counterfeiting.? The Supreme People?s court ?on the implementation of civil law of the people?s opinions on some issues? (for Trial Implementation) the 141st stipulation: ?the theft,counterfeiting the name,name of damage,should be regarded as infringement of right,the right of name behavior.?Obviously,apply for the registration of trademarks of the company is ?Jeremy Lin? without the consent of the unauthorized use of Jeremy Lin. Jeremy Lin as a Chinese American,born and raised in the United States,before becoming famous for Chinese little media attention,there are very few Chinese public knowledge. It is precisely because of its in the basketball domain arduous pay,hard work and the achievements,that ?Jeremy Lin? in the text by the Chinese public understanding and recognition,according to the report,the name ?Jeremy Lin? was the United States of AmericaForbesJournal evaluation value of about 100000000 yuan.The Chinese name has been registered by others,therefore,Jeremy Lin in the future to enter the domestic market,is bound to cause a name rights,through administrative means to revoke the registered trademark of another ?Jeremy Lin?. Based on the current China?s trademark law and the civil law the relevant provisions,its rights and interests is should be legal protection. Otherwise,each of us at birth,the first thing to do is to own the name applied for registration of a trademark,in case one day be malicious cybersquatting and cannot get effective legal protection.?In three,the same industry competitors will constitute unfair competitionChina?s ?unfair competition law? provisions,the operator in the market should follow voluntary,equality,fairness,honesty and credit principle,observe the generally recognized business ethics. At the same time,?Anti-Unfair Competition Law? fifth clause (three) paragraph: ?operators shall not adopt any of the following unfair means to engage in market transactions,damage to the competitor: the unauthorized use of the name of the enterprise or others,cited people mistakenly believe that the goods of others.?Jeremy Lin is a now influential basketball star,for ?Jeremy Lin? brand of company is a sporting goods company,from the angle of commodity categories,both has the connection,the existence of the same or similar. In the case of unauthorized use of another?s name,if not in the sale of goods to make the statement,and Jeremy Lin himself without any association,will make Chinese consumers can distinguish,differentiate the product source,so that consumers mistakenly believe that the product is the Jeremy Lin endorsement of the product or is related to Jeremy Lin?s Association,so as to achieve rapid growth in sales,visibility quickly the purpose of ascension,for the same industry competitors make unfair competition.In conclusion,?Jeremy Lin? as a trademark by others malicious cybersquatting,according to China?s ?trademark law? stipulates that the forty-first,TRAb shall revoke the registered trademark. If the company continues to use the trademark,it shall obtain the authorization of Jeremy Lin himself,this is not only for my respect,and respect for the law. (the writer Wang Dong worked in strategy of Beijing law firm)
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