1) Company B’s corporate name should be revoked.
Legal basis: According to Article 53 of the Implementing Regulations of the Trademark Law, "If a trademark owner believes that others have registered its well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, it may register with the business name The competent authority applies to cancel the registration of the enterprise name. The competent authority for enterprise name registration shall handle it in accordance with the "Enterprise Name Registration Management Regulations". "Company A's "Red Star" trademark is a well-known trademark and has been used for more than 10 years. , Company B and Company A are in the same industry, Company B's trade name "Red Star" is enough to mislead consumers, and consumers can easily think that the products produced by this company are Red Star brand shoes.
2) The copyright of this paper should belong to young teacher Guo Jia.
Legal basis:
Article 11 of the Copyright Law Copyright belongs to the author, unless otherwise provided in this law.
The citizen who creates the work is the author.
For works hosted by a legal person or other organization, created on behalf of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author.
In the absence of proof to the contrary, the citizen, legal person or other organization that signs the work is the author.
Article 12 The copyright of works resulting from the adaptation, translation, annotation and arrangement of existing works shall be enjoyed by the person who adapts, translates, annotates and arranges them, but the copyright of the original work shall not be infringed upon when exercising the copyright.
Article 46 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Without Publish the work without the permission of the copyright owner;
(2) Publish the work created in collaboration with others as a work created solely by yourself without the permission of the co-author;
( 3) Not participating in the creation, but signing other people’s works in order to seek personal fame and fortune;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Without the permission of the copyright owner, using the work for exhibition, making movies or using methods similar to making movies, or using the work by adapting, translating, annotating, etc., as otherwise provided for in this law Exceptions;
(7) Use of other people’s works for which remuneration should be paid but has not been paid;
(8) Unauthorized film works and works created with methods similar to filmmaking, computer Leasing the works or audio and video products without the permission of the copyright holder of the software or audio and video products or the copyright-related rights holder, except as otherwise provided for in this law;
(9) Without the permission of the publisher, Using the layout design of books and periodicals published by the performer;
(10) Live broadcasting or publicly transmitting the live performance, or recording the performer's performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
Young teacher Guo Jia, by summarizing his many years of teaching experience, wrote a paper on teaching reform and prepared to participate in the school's fourth paper seminar. A written work created entirely by an individual shall enjoy legal copyright to the paper.
Xiao Bing published it in a magazine in his own name without Guo Jia’s consent. It is an infringement of Guo Jia's copyright. According to the provisions of the Copyright Law, Xiao Bing’s infringement liability can be investigated.