Legal Experts Talk About The Jordan Case: Hitchhiking Is Immeasurable.

US basketball superstar Michael Jordan sues China Athletic Wear Footwear manufacturers Jordan Sports The infringement of name right by Limited by Share Ltd (hereinafter referred to as Jordan sports) has been rapidly warming up in China. Legal experts and insiders believe that the trademark registered by the latter may cause confusion among the public, especially consumers in the basketball related market, or constitute unfair competition. Such a way of hitting the ball and hitchhiking will be "immeasurable" for the development of local companies.

Jordan sports was founded in 2000. It was formerly an obscure "small workshop" in Jinjiang, Fujian. It was also regarded as a native product. The Chinese character "Jordan", the Chinese phonetic alphabet "QIAODAN" trademark and the corresponding graphic trademark used by the company are registered in April 2002.

10 years ago, why did Jordan register himself? Why did he ask for a lawsuit? Michael Jordan, the Attorney General of Beijing Jun He law firm, said that Michael Jordan first contacted them around December of last year. Jordan emphasized that the purpose of this lawsuit is to protect the right of name, and plan to make any economic compensation possible for the development of basketball in China.

"If the defendant is using the full name of basketball celebrity, and in basketball related. market Promotion may be a kind of unfair competition, which belongs to the market confusion of "celebrities" mentioned in the anti unfair competition law. Wang Jun, a trademark law expert at Fudan University, said that whether the name is specific is controversial. If the registered person is only "Jordan" instead of "Michael Jordan", it is more difficult to advocate.

Yao Huanqing, an associate professor of Law School of Renmin University of China, pointed out to reporters that if Jordan sports used the name of others as a trademark without knowing it, it would not constitute infringement. "But judging from this case, the subjective malice of Jordan sports is easier to judge": first, when Jordan sports registered "Jordan" trademark, Jordan has a very high reputation in the world, and domestic translation has also been fixed, so as a production and sale of basketball equipment, Chinese companies can not claim that they do not know the existence of Jordan.

Second, from trademark The design is basically the silhouette of Jordan's classic lay up action, which illustrates the subjective psychological state of Jordan's sports. Third, judging from the current material, Jordan sports has not only registered Jordan's name as a trademark, but also registered Jordan's two children's surname.

"The above three reasons prove that Jordan sports is a typical" hitchhiker "behavior under the circumstances of knowing the name of famous athletes to sell their products. Yao Huanqing said that such a way of hitting the ball is often a shortcut for the company to expand its influence and earn the first pot of gold in its initial stage, but the resulting trouble is also immeasurable. Other companies should recognize the possible legal risks arising from similar actions from such a lawsuit and consciously avoid "free riding".

Wang Xiaopeng, who used to represent Yao Ming in the case of Yao Ming and the Coca Cola Co portrait rights lawsuit, also agreed with Jordan sports that he had the taste of "edge ball", but in his view, whoever wins or loses in the lawsuit depends on the situation of proof by both sides. For Jordan, it is necessary to prove that Jordan sports gained relevant profits through the use of Jordan's personal image in the operation of the market. Based on the evidence presented before the public, it is quite difficult to identify Jordan's sports tort.