Abstract
The dispute over the trademark "Qiaodan" is mainly constituted by the trademark infringement case of Nike International Co., Ltd. (from now on referred to as "Nike") against Qiaodan Sports Co., Ltd. (from now on referred to as "China Qiaodan"), and the civil lawsuit against Qiaodan Sports Co., Ltd. by the American NBA basketball star Michael Jordan for infringing his right of name and trademark. The study proposes the following questions: we propose the following questions: How to define the exercise subject of a natural person's "name right", how to judge the corresponding relationship between a trademark mark and a natural person's "name", whether "popularity" should be the judgment factor of damaging a natural person's "name right". The paper suggests that the exercise subject of a natural person's "name right" should be himself and there is a "broad" correspondence between the trademark and the "name" of a natural person. Besides, "popularity" should be a judgment factor in such cases.
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