奇葩说”商标侵权案评析

重庆理工大学毕业设计“奇葩说”商标侵权案评析AbstractIn the field of data media,TV programs have great potential commercial benefits and socialvalue,so people pay more and more attention.A well-known program,its naming rights andadvertising expenses can be tens of millions or even hundreds of millions.In order to enableviewers to quickly remember or be more interested in understanding and watching,TV programsneed to have unique distinctiveness and novelty in terms of their names and terms.The use ofsuch names and terms in programs often has the functions of source identification,competitionand publicity,and is a trademark use.During the operation and use of programs,trademarkinfringement disputes are often triggered.This paper takes the case of trademark infringement ofTV program's name as an example,based on the study of the existing problems,furtherunderstand the relevant problems and countermeasures of trademark infringement of TVprogram's name.This article is divided into three chapters.The first chapter mainly introducesthe case of trademark infringement,the focus of the dispute and the trial of the court.The secondchapter mainly analyzes the focal issues in the infringement case,first analyzes whether thedefendant's behavior constitutes trademark use,then analyzes whether the service categoryinvolved by the defendant constitutes the same or similar,and finally discusses the research onthe liability of compensation for trademark infringement.The third chapter mainly narrates thethinking and legal advice on the identification of the trademark infringement of televisionprogram name,first discusses the practical significance and suggestions of the legal regulation ofthe trademark infringement of television program name,and then puts forward the necessity ofthe protection of the trademark of television program name.That is to improve the public'sawareness of trademark and improve the relevant provisions of the Trademark Law.Keywords:trademark infringement;television programme;trademark use Abstracts In the