"Yao Ming Generation" Case: Yao'S Team Does Not Accept The Cost Of 200 Million Cooperation?

" Yao Ming generation "We have not talked with Yao team," said Cheung Kwok Keung, head of brand organization. We have raised the cooperation cost that we can give them 200 million yuan, but their quotation is too high to accept. I think there is no shoe factory in the country to accept such a high price.

Yesterday, Yao Ming sued "Yao Ming generation" case has made new progress, "Yao Ming generation". brand Cheung Kwok Keung, the head of the institution, said in an interview with reporters that the Wuhan intermediate people's court who accepted the case has decided to shelve the case. After the ruling of the Beijing Higher People's Court on the registration dispute caused by the "Yao Ming generation", the case will be heard again.

Last week, "Yao team" was commissioned by Yao Ming to announce the formal prosecution of Wuhan Yunhe shark sporting goods Co., Ltd., the improper use of the "Yao Ming generation" as a commercial logo, which constituted a violation of Yao Ming. This is not a simple infringement case, but behind it is a relationship network and a huge gold mine.

In fact, the defendant, Wuhan Yunhe shark sporting goods Co., Ltd. is only the authorized producer of the "Yao Ming generation" trademark. trademark The real holder is Cheung Kwok Keung, the head of the "Yao Ming generation" brand organization. He once served as the head coach of the Shanghai men's basketball team, and was a teammate with Yao Ming's father Yao Zhiyuan. "When I was head coach, Yao Ming just entered the youth team. After I left office, Li Qiuping took over the post of coach." Cheung Kwok Keung said.

It is worth noting that the "Yao team" did not prosecute Cheung Kwok Keung and his company, but the authorized producer of Wuhan Yunhe shark sporting goods Co., Ltd., which is backed by a well-known military enterprise.

It is also known that disputes about the "Yao Ming generation" trademark have surfaced 10 years ago. As early as 2001, Cheung Kwok Keung, who tried to do business, registered the trademark of the "Yao Ming generation". At that time, Yao Ming had not landed on the NBA, until Yao Ming landed on NBA as a champion scholar in 2002. When Yao team was registered with dozens of "Yao Ming" products in the business sector, they discovered that the two categories of sports shoes and clothing were registered in advance by Yao Ming generation in 2001.

Since then, both Yao and Cheung Kwok Keung have raised objections to the national trademark office. However, the dispute caused by the trademark registration of the "Yao Ming generation" has not been settled yet. During this period, the two sides also had contacts, telephone communication, interviews have been, until we go to the judicial process. In June 2010, Cheung Kwok Keung filed a lawsuit against the first intermediate court of Beijing. Cheung Kwok Keung appealed to Gao FA this year in Beijing. Subsequently, "Yao team" brought a lawsuit against Wuhan Yunhe to the Wuhan intermediate people's court.

Why did it drag on for ten years? The reason for Yao's team's response to the media is that "if we had fought a lawsuit against the masses at that time, we would have made the trademark of this infringement a great reputation", while Cheung Kwok Keung disclosed that the reason why the two sides had not talked about it was mainly that the Yao team was asking too much price.

In response to the "Yao team" statement at the press conference, Cheung Kwok Keung, the head of the "Yao Ming generation" brand organization, made an oral response yesterday, and said it would issue a formal response to the media on these two days.

Dispute: who should be told?

Lu Hao, head of China's Yao team, last year Yao's team stated in 3 / 15 that Yao Ming did not authorize the use of his name and portrait and trademark to make sporting goods for businesses and individuals. The year before last, we also communicated with cloud crane in Wuhan, and gave hints and warnings to them.

Cheung Kwok Keung, the head of the Yao Ming generation brand organization, said: "Yao Ming now has to settle Yao Ming's trademark with us before we can sue Wuhan Yunhe. Our organization authorized Yao Ming, Yunhe, to produce and sell the shoes of the "generation of Wuhan" shoes and clothing, with the design registration number, the Chinese acceptance number, and the abbreviation number of English abbreviations. The use of these signs is all lawful, reasonable and reasonable.

Dispute two: is trademark infringement?

Lu Hao: as a matter of fact, every month we raise objections to infringing trademarks. Shortly after Yao Ming's visit to the United States, we have already raised objections. The Trademark Office has rejected their request, and the Trademark Review Board has not approved their trademark registration, which is why they have not obtained the trademark certificate.

Cheung Kwok Keung: "in 2001, I registered the trademark of" the Yao Ming generation "and publicized it, but because of the objection of Yao team, we really did not get the trademark certificate now. However, we subsequently appealed, and the two registration applications of Yao's team in the 25 categories of shoes and clothing trademarks were also rejected by the State Trademark Office. In August 2009, they challenged the trademark office. It can be said that objection and counter objection have not ended. Until the basketball player Yao Ming retired, the procedure for trademark disputes will be in progress.

Dispute three: is product infringement?

Lu Hao: since 2009, without authorization, the company has used the Yao Ming and Yao Ming generation as its trademark for sale in its commodities and operations without authorization, and Yao Ming's portrait has also been used arbitrarily in commodities and advertisements.

Cheung Kwok Keung: "those of us who have trained Yao Ming can't use the" Yao Ming generation "as trademarks? We can say that people who are contemporary with Yao Ming are back to the point. According to the survey, there are more than 7000 people in China called Yao Ming, and there is a" Yao Ming "in our company. So we use the" Yao Ming generation "to be reasonable and legal. There is no violation of his right to name. As for portrait rights, our products do not use the portrait of portraiture. Maybe some sales outlets in some places have used the portraits of portraits. If he authorizes, we are willing to protect him for free in the country.