Jinjiang Shoe Enterprise Trademark Infringement Case &Nbsp; Yi Jianlian Sports Failed In First Instance

Although it has been more than a month since the first instance decision, a battle against the infringement of the "Yi Jianlian YIJIANLIAN" trademark continued.

A few days ago, from Yi Jianlian sports goods (China) Limited (hereinafter referred to as "Yi Jianlian sports") news, after losing the first trial, the company has appealed against the "Yi Jianlian YIJIANLIAN" trademark infringement case.

The defeat of "Yi Jianlian YIJIANLIAN" has the meaning of wind vane for many spring enterprises that adopt celebrities strategy. In fact, when the market structure tends to be stable, the famous brand operation mode of celebrities has long been eclipsed.

"Yi Jianlian" trademark offensive and defensive warfare

When he received a phone call from reporters, Cao Luxing did not conceal his worries at all.

Six months ago, under a friend's line, Cao Lu Xing became the general agent of "Yi Jianlian sports" in Shandong Province, and ordered about one hundred thousand of the goods.

Just as Cao Luxing dreamed of passing the golden signboard of "Yi Jianlian" to "open up territory", it never occurred to him that "Yi Jianlian sports" was in "Yi Jianlian YI-JIANLIAN".

In April 26th, the judges of the intellectual property division of the first intermediate people's Court of Beijing City concentrated on 10 trademark disputes which were widely concerned. Among them, the "Yi Jianlian YIJIANLIAN" trademark used in "Yi Jianlian sports" was infringed and it should be revoked.

After losing the lawsuit in the first instance, in the offensive and defensive battle of the "Yi Jianlian YIJIANLIAN" trademark, Yi Jianlian sports has lost two consecutive games.

Public information shows that as early as March 2006, Yi Jianlian had submitted an application to the SAIC Trademark Review and Adjudication Board to cancel the trademark "Yi Jianlian YIJIANLIAN".

At that time, Yi Jianlian put forward the reason that the "Yi Jianlian yijianlian" trademark is the same as its name, on the one hand violated its right to name; on the other hand, it has been known in the relevant public before the registration date of the controversial trademark application, and the "Yi Jianlian Sports" behavior preempted Yi Jianlian's opportunity to register her name as a trademark, which is obviously a deliberate rush.

The application had a preliminary result three years later. In November 2009, SAIC decided to cancel the "Yi Jianlian yijianlian" trademark.

First lose a burst of "Yi Jianlian sports" is not convinced, the jury will be prosecuted to the Beijing intermediate court.

Judged by the national business jury

Things are still in the direction of Cao Luxing's disadvantageous development. In April 26th, the first trial decision of the Beijing intermediate court was still "Yi Jianlian sports" defeat.

Although the ruling is out, the offensive and defensive war around the "Yi Jianlian yi-jianlian" trademark has not ended.

In recent days, reporters have twice gone to "Yi Jianlian sports" to interview the decision results, but the company is not in charge of the company.

Subsequently, the reporter called "Yi Jianlian sports" investor Ding Siliang (general manager of China) Limited.

Ding Siliang said that after the first instance decision, "Yi Jianlian sports" appealed and expressed confidence in the outcome of the second instance.

Public information shows that "Yi Jianlian sports" thought that in 2003, "Yi Jianlian sports" applied for the registration of "Yi Jianlian YIJIANLIAN" trademark on shoes and clothing, and was approved by the state industry and commerce.

Advance and retreat of famous music sports

As a matter of fact, Cao Luxing got his teeth from Shandong's general agent at that time and had an indispensable relationship with the famous sports company limited behind Yi Jianlian sports.

Cao Luxing told reporters that according to "Yi Jianlian sports" public information presentation, the company is Yi Jianlian International Group Investment Co., Ltd. and mingle (China) Co., Ltd. jointly invested in building, "famous music how to say in the country is also a bit of fame."

After losing the lawsuit in the first instance, in the interpretation of various media, mingle sports almost without exception was referred to as the "behind the scenes manipulator" of "Yi Jianlian sports". More media believed that it was precisely by virtue of the "golden" brand of "Yi Jianlian" that the famous music sports could achieve the scale of billions.

However, from the reporter's survey, Yi Jianlian sports's contribution to mingle is not as striking as the outside world thinks.

At the end of May, the reporter went to "Yi Jianlian sports" two times. The sports goods Co., Ltd., which was hidden in a district of Quanzhou, had an office area of only more than 100 square meters. From its seat, office workers could not hold more than 30.

In the two camp of journalists, only 4 people in the office were in the office.

According to the insiders of mingle sports, "Yi Jianlian sports" did not consume too much energy from famous music. One way of "Yi Jianlian sports" is to use light assets operation mode. There is no need to invest in production links. The cost comes mainly from human resources and office expenses.

Secondly, under the current order system of sporting goods, the production of an enterprise depends mainly on the order quantity of the agent. "Pressure is on the side of the agency."

Although the investment is not big, but in the famous music sports strategy, by virtue of Yi Jianlian's signboard, "Yi Jianlian sports" once it is successful, it may bring great benefits to the famous music sports. "The investment is not big, but has the development prospect." Yi Jianlian sports "for the famous music, is the choice which can enter and retire.

After losing the battle, Yi Jianlian sports quit, which seems to be under the consideration of mingle sports.

After getting the news of the defeat, Cao Luxing immediately made a call to the head office. "Now there is no comment on the head office, but judging from their tone, it is possible to change the card."

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Celebrity strategy "fade"

The company did not have a clear statement, which made Cao Luxing even more anxious.

According to Cao Luxing, in the last order, he ordered about one hundred thousand of the goods, plus the rent and decoration cost of the store, he had paid hundreds of thousands of dollars.

"Now that the head office has not yet come up with a remedial measure, we do not know what to do."

In fact, even if "Yi Jianlian sports" can win a lawsuit in the second instance, Yi Jianlian's signboard can be effective in the market, in fact, the parties are not optimistic.

According to Cao Luxing, since his acting "Yi Jianlian sports", the product is not selling well in the market, "now consumers are very rational, not that Yi Jianlian can sell products."

Because of the poor sales situation, Cao Luxing, who originally introduced Yi Jianlian's "Yi Jianlian sports" friend, has already quit the "Yi Jianlian sports" agency team.

According to insiders, the investment in agents has not been ideal, and Yi Jianlian sports has not achieved the desired results.

This is also the same fate of sports brand enterprises that have adopted celebrities in recent years.

In recent years, there are not many sports celebrities in Quanzhou area, such as Kobe, Yao Ming and so on. They have become trademarks of some Quanzhou sports brands.

However, these brands failed to become a strong brand in the market.

In the industry view, this is closely related to the change of sports brand market.

After years of development, China's sports brand market has entered a time of high brand recognition, and through years of education, consumers' consumption of sports brand has become more rational, and the market structure has stabilized.

The traditional commercial mode of advertising star endorsement and dealer expansion has gradually lost its effectiveness, and the celebrity strategy has not yet exceeded the scope of this business mode. The speculative brand of "heresy" is hard to succeed if the new brand wants to have a foothold in the market.