Legal basis: According to Article 53 of the Regulations for the Implementation of the Trademark Law, "if the trademark owner thinks that others may deceive the public or cause misunderstanding to the public by registering his well-known trademark as the enterprise name, he may apply to the enterprise name registration authority for cancellation of the enterprise name registration. The competent authority for enterprise name registration shall handle it in accordance with the Provisions on the Administration of Enterprise Name Registration. "
The trademark "Red Star" of Company A is a well-known trademark, which has been used for 10 years. Company B and Company A are in the same industry, and the trade name "Red Star" of Company B is enough to mislead consumers, so it is easy for consumers to think that the products produced by this company are red star brand shoes.
2) The copyright of this article belongs to the young teacher Guo Jia.
Legal basis:
Copyright Law Article 11 Copyright belongs to the author, except as otherwise provided in this Law.
The citizen who creates a work is the author.
A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author.
If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.
Article 12 The copyright of a work resulting from the adaptation, translation, annotation and arrangement of an existing work shall be enjoyed by the person who adapted, translated, annotated and arranged the work, but the exercise of copyright shall not infringe the copyright of the original work.
Article 46 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;
(seven) the use of another person's work, which should be paid but not paid;
(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without their permission;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(eleven) other acts of infringement of copyright and copyright-related rights and interests.
Guo Jia, a young teacher, summed up many years of teaching experience and wrote a paper on teaching reform, ready to attend the fourth paper seminar in our school. Written works created entirely for individuals enjoy the legal copyright of papers.
Without Guo Jia's consent, Xiao Bing published this article in a magazine in his own name. Belongs to the infringement of Guo Jia's copyright. According to the copyright law, Xiao Bing can be investigated for tort liability.