The Infringing Manufacturer Was Sentenced To Pay 300 Thousand &Nbsp; The Yao Team Was Accused Of Being Unfair.
Yesterday, reporters learned from Yao's team that
Yao Ming
Suing the "Yao Ming generation" manufacturer, Wuhan Yunhe shark sporting goods Co., Ltd., the first instance of infringement of a case has recently been pronounced. The court decided that Wuhan cloud crane shark sporting goods company infringed Yao Ming's right to name and compensated 300 thousand yuan.
Although winning the lawsuit, Li Lu, member of Yao's team, said: "we are not satisfied with the result, but whether the appeal will be discussed before we can decide."
And failed in the first instance.
Wuhan
In the interview with Chengdu journalists, Yu Feng, an attorney for Yunhe shark sporting goods Co., Ltd. also said: "we feel very grieved about this result and do not exclude the possibility of appeal."
Yao Zhi team:
300 thousand compensation can not play a disciplinary role.
As a symbol of basketball in China, Yao Ming is not being infringed for the first time.
8 years ago, Yao Ming sued a coke company for infringement and claimed a lawsuit of 1 yuan to win the lawsuit.
This time, Yao Ming sued "Yao Ming generation" is not a symbolic 1 yuan.
In June 15th this year, Yao Ming sued Wuhan Yunhe shark sporting goods Co., Ltd. in Wuhan intermediate court.
In the indictment, Yao Ming alleges that the Wuhan Yunhe company, without any lawful authorization and justification, has used the "Yao Ming" and "Yao Ming generation" as commercial signs in its business activities. It is enough to make the ordinary consumers mistaken that the defendant's source of goods is related to the plaintiff, and then there is a wrong purchase mistake, which is a serious unfair competition behavior.
Yao Mingfang violated Yao Ming's right to fame, right of name and portrait and unfair competition on the grounds of "Yao Ming generation", and demanded that the company apologize publicly and compensate for the economic losses of over 1000 yuan.
After the first trial, the reporter interviewed Yao's team member Li Lu, who was not satisfied with the result of 300 thousand.
"The court has already sentenced the other party to infringement, and now the amount of compensation is quite different from our expectation."
Li Lu said that the reason for claiming more than 1000 yuan is based on many considerations. At the same time, it also hopes to give some corrections to the infringers and set up an honest management atmosphere. But the result of the 300 thousand yuan now makes the cost of infringement too low and can not play a disciplinary role.
When asked whether an appeal would be filed, Li Lu replied, "because Yao Ming has been busy with his studies recently, he has not had time to discuss the problem. After discussion, he can decide."
Attorney for the accused:
We and Yao Ming are both victims.
It is understood that as early as in 2001, the former Shanghai men's basketball coach Cheung Kwok Keung registered the "Yao Ming generation" trademark, and Yao Ming did not land NBA at the time, until Yao Ming landed in the 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 in 2001 by the Yao Ming generation.
According to Cheung Kwok Keung, they have talked about Yao team, but the cooperation cost of 200 million yuan is too high. No shoe factory in China dare accept such a high price.
In the previous interview, Yao Hao, a member of Yao's team, once said that Yao's team was not aware of trademarks and was reminded by friends to protect Yao Ming.
brand
It turned out that the "Yao Ming generation" was registered. Fortunately, during the period of objection, Yao team immediately raised objections.
After that, the Trademark Office rejected the request of Wuhan Yunhe company. The company did not get the trademark certificate, but the clothes and shoes labeled "Yao Mingyi Dai" went to the market.
Yesterday, the reporter contacted Wang Feng, deputy general manager of Wuhan Yunhe shark sporting goods Co., Ltd., but he said he was in a meeting and asked reporters to contact the company responsible for the case.
Speaking of losing a lawsuit in the first instance, he was sentenced to pay 300 thousand. Yu Feng said he felt very aggrieved. He said: "the trademark was registered by Cheung Kwok Keung. We used the" Yao Ming generation "trademark to do the formalities, and also paid the money, so we felt very grieved for the result.
Yu Feng said that in this case, Yao Ming and the "Yao Ming generation" were both victims. At present, they are studying and may appeal.
Although he failed in the first instance, Yu Feng said, "at present, it is only the first instance, and it is not easy to say before it is final."
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