Performer Shi Guoqing: Infringed on my image right and name right; "Wang Mudu" has become my stage name and symbol and has been widely publicized.
Trademark registrant: the wife's surname is "Wang", and when she was a child, her neighbors called her "Mudu"; "Wang Mudu" is not a proper name for the role played by performers.
Both sides hold their own words, which seems reasonable on the surface. This can't help but make people wonder: Who does the trademark "Wang Mudu" belong to?
& gt& gt trademark registrant: The trademark of "Wang Mudu" has been registered for more than two years.
The trademark "Wang Mudu" was registered as a trademark in May 20 15. According to the Trademark Registration Certificate, the approved goods and services include accommodation, banquet preparation, cafeteria, restaurant, cafeteria, fast food restaurant, mobile catering service and nursing home. The trademark registrant is Mr. Liu, and the registered address is Keji Road, Yanta District.
However, Mr. Liu's registration of the trademark "Wang Mudu" caused great dissatisfaction. Because "Wang Mudu" is a character in "Wang Mudu Theater", Shi Guoqing is the actor of "Wang Mudu" in the play. Now, "Wang Mudu" has been registered as a trademark. Shi Guoqing thinks this is trademark infringement and should be revoked.
Shi Guoqing put forward four reasons in his application for invalidation of registered trademark, arguing that the disputed trademark "Wang Mudu" infringed on its image copyright and name right and should be revoked and declared invalid.
1, "Wang Mudu" is representative and inviolable.
Shi Guoqing thought that he was born in Sichuan and grew up in Shaanxi, which enabled him to absorb the essence of two regional cultures and create two figures with distinctive Shaanxi-Sichuan characteristics: Wang Mudu and Li Yaomei. He is the founder of Shaanxi one-man show and the shaper of Wang Mudu's role image. Wang Mudu is his stage name, with high brand awareness and influence, and almost becomes the representative of his image.
2. Infringed the copyright of his previous role image.
In addition, Shi Guoqing also thinks that he is the copyright owner of the "Wang Mudu" series of works. Long before the disputed trademark "Wang Mudu" was applied, he published and interpreted the series of works of "Wang Mudu" and enjoyed the prior copyright. The disputed trademark is a copy and imitation of the prior copyright, which infringes on the copyright of his prior role image.
3. Infringed on his name right.
Shi Guoqing said that "Wang Mudu" was his stage name, and he enjoyed the name right of Wang Mudu. The disputed trademark violated his name right and damaged his reputation. When he wrote and interpreted Wang Mudu, he performed My Name is Wang Mudu in the first person. "Wang Mudu" is not only his copyrighted work, but also more and more famous. His real name Shi Guoqing was gradually forgotten, and everyone called him "Wang Mudu". He also claimed to be proud of "Wang Mudu", which has become his stage name and symbol and has been widely publicized.
4. The trademark registrant has obvious subjective malice.
It is considered that Mr. Liu, the trademark registrant of "Wang Mudu", is in an, knowing that Wang Mudu is his creative work and stage name, still applying for registration as a trademark, which is subjectively malicious and violates the principle of good faith and should be revoked.
How will the trademark registrant react to Mr. Shi's point of view?
Regarding the objection raised, Mr. Liu, the trademark registrant, entrusted his attorney and senior partner to think that "Mudu" is a common dialect of Shaanxi people, meaning "child", and it is also a common title of Shaanxi people, not a special title for the role played. Mr. Liu registered the trademark "Wang Mudu" because his wife's surname was "Wang" and his neighbors called him "Wang Mudu" when he was a child, so he registered the trademark "Wang Mudu" and never considered playing a role called Wang Mudu.
Besides, Zhao Liangshan said that "Wang Mudu" is only the name of the role played by Shi Guoqing in the program, not his stage name. If the role name of "Wang Mudu" is regarded as the stage name of Shi Guoqing, can all his roles, such as "Li Yaomei", "Wang Baoshun in Balibao" and "Tong Fei" in Song Dynasty, be regarded as the stage names of Shi Guoqing?
Besides, Shi Guoqing never used "Wang Mudu" as a stage name. He has always called himself "Shi Guoqing". When I introduced myself, I was "Shi Guoqing, the founder of Shaanxi one-man show, playing Wang Mudu and other artistic images", and I never called myself "Wang Mudu". A stage name refers to a name that is publicly told and used in real life. For example, Chen Gangsheng's stage name is Jackie Chan, and he calls himself Jackie Chan on various occasions, including his signature.
Zhao Liangshan also said that the role name of "Wang Mudu" cannot constitute a work alone and does not enjoy copyright. Shaanxi one-man show itself enjoys copyright, but the role name "Wang Mudu" is a simple combination of words, which cannot express certain ideological content, so it does not enjoy copyright.
Article 3 of the Copyright Law also stipulates: "Works mentioned in this Law include works of literature, art, natural science, social science, engineering technology and so on. (3) The object of copyright protection for works of music, drama, folk art, dance and acrobatics is the works, and the names of characters in the works do not enjoy copyright. And the trademark "Wang Mudu" registered by Mr. Liu is suitable for the catering industry, and does not involve the plot structure, character characteristics and classic lines of the characters in Shaanxi monologue. There is no correlation between the two.
At present, this trademark dispute has entered the examination stage in the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.