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Debate Again: Who Does "Yao Ming Generation" Belong To?

2011/8/3 16:27:00 48

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In August 2nd, reporters learned from the sources, around "

Yao Ming generation

The controversy over trademark infringement is not yet clear. The Wuhan cloud crane shark sporting goods Co., Ltd., the first time, has registered the online website of the "Yao Ming generation" website, making the situation more complicated.

The dispute between Yao Ming and the "Yao Ming generation" goes back to 10 years ago: in 2002, Yao Ming landed on NBA, and Yao team successfully registered dozens of "Yao Ming" products to the business sector in order to protect his commercial interests.

But they found that

Gym shoes

The two category of clothing was registered in advance by Shanghai shark sporting goods company in 2001, when it was registered as the "Yao Ming generation".

From the standpoint of Shanghai shark sporting goods company, the shoes they produce are not the same as those of Nike and Reebok, which are not related to Yao Ming's shoes that will produce their own brands in the future. "Yao Ming shoes"

Shanghai shark sporting goods Co., Ltd. is not a Shanghai company. It has no affiliation with Shanghai Oriental shark basketball club. The company's address is in Guangzhou Panyu District.

Since then, the company has become the "Yao Ming enterprise Limited by Share Ltd in Hongkong" and pferred the "Yao Ming generation" to the Wu Hanyun crane shark sporting goods Co., Ltd.

10 years after the "Yao Ming generation" trademark was registered, early 2011

Yao Ming

He proposed a tort suit to prosecute Wuhan Yunhe shark sporting goods Co., Ltd. and offered a compensation of 10 million yuan.

In June this year, the intermediate court of Wuhan tried to hear a case of infringement, and the final result is still outstanding.

After the retirement of Yao Ming in July 20th, the "Yao Ming generation" trademark infringement dispute was also upgraded from the offline to the Internet platform.

The prosecution's Wuhan cloud crane shark sporting goods Co., Ltd. registered network trademark "Yao Ming generation" general website, Yao Zhi will face new network rights problems.

"The dispute between the two sides of the brand will go from the real trademark to the Internet. If Yao Ming wants to get the trademark back, it will be easier than the real trademark," he said.

An Internet analyst told reporters.

Unlike the one to many trademark registration system, the general website adopts the one to one registration principle and adopts the international practice of first injection. The trademark right can not compete with the domain name right. Once registered, it is difficult to recover it.

Yao Ming is not the first person to lose money because of online trademark. Olympic champion Liu Xiang, super girl Li Yuchun and other celebrities have been snatch the general website.

In this regard, the industry pointed out: "the name itself is a huge brand asset, when such assets into the business sector will release enormous commercial value.

It is the first battle of Yao Ming's commercial war to turn to the commercial arena and recover the lost brand assets.

In fact, the protection mode of "market failure and brand first" has become an important strategy for many enterprises to enter the market. Early pnational corporations often adopt this market access strategy.

In response, the above personages suggest: "enterprises should focus on the protection of online brands, register the general website in batches, and build an online brand protection circle.

At the same time, when registering, companies need to delineate all the general web sites related to their own brand, product brand and service, and build a complete protection circle.