The following behaviors are violations of the right of name:
(1) Interfering with other people’s decision, use, and change of names.
(2) Stealing other people’s names. Misappropriation of another person's name refers to carrying out certain activities in the name of another person without the other person's consent or authorization in order to increase one's own worth or seek improper benefits.
(3) Impersonating another person’s name.
Name infringement should be a duplicate name after already having this name. In China or any other country, there is a phenomenon of duplicate names. It is rare that legal disputes arise due to duplicate names, but there are not absolutely no cases of name infringement. Generally, people born in our country will try their best to avoid having duplicate names. Because once the name is repeated, it will affect the fate of two people. If the name is repeated, either the former affects the latter or the latter affects the former. It’s best not to have the same name. The right to name refers to the right of citizens to decide, use and change their names in accordance with regulations. Infringement of name rights refers to infringement of other people's name rights by means of misappropriation, counterfeiting, illegal interference, improper use, etc. Infringement of the right of name only requires the objective facts of misappropriation, counterfeiting, illegal interference, and improper use.
It is not necessary to cause mental pain or emotional trauma to the person being infringed. The subjective fault for infringing the right of name must be intentional, that is, intentionally impersonating, misappropriating, illegally interfering, or improperly using another person's name to achieve a certain purpose, in order to constitute an infringement of the right of name. Negligence cannot constitute an infringement of the right to name. If the store operates in accordance with the law and goes to the Industrial and Commercial Bureau for industrial and commercial registration, as long as the Industrial and Commercial Bureau agrees to register the store name, it will generally not be considered an infringement. The Industrial and Commercial Bureau needs to review the name when approving it, and will not let you register a store name that is likely to be similar or similar to other store names.
1. What are the infringements of name rights?
(1) Interfering with other people’s decision, use, or change of names.
(2) Stealing other people’s names.
(3) Impersonating another person’s name.
2. What are the main ways to bear tort liability?
(1) Stop the infringement;
(2) Remove the obstacles;
(3) Eliminate the danger.
Legal basis:
"Household Registration Regulations"
Article 18 stipulates that citizens who want to change their names must follow the following regulations:
(1) When a person under the age of 18 needs to change his or her name, he or his parents or adopters must apply to the household registration authority for change registration.
(2) When a person over the age of 18 needs to change his or her name, he or she must apply for change registration to the household registration authority.