Jordan Sports Listed On The Eve Of Sensitive Period Ushered In A Sudden Lawsuit

" Jordan Sports "Trademark risk bomb finally detonated.

Yesterday, American basketball player Michael Jordan (Michael Jordan) sued Jordan's sports Limited by Share Ltd (hereinafter referred to as "Jordan sports") in his own name, infringing on his right to name, and accused Jordan sports of using their names without authorization.

At this time, when Jordan sports IPO (initial public offering) application was approved by the SFC in November 25, 2011, this sudden lawsuit of name right may disrupt the listing process of Jordan sports.

　 Sudden action

Michael Jordan, an agent lawyer, said in an interview with reporters that he had already proposed to the court. litigation At the stage of filing, according to the civil procedure law, the lawsuit is expected to be filed in a week.

Michael Jordan said that the relevant six requests have been provided for the case. The most important one is that Jordan sports did not use Jordan's name to stop the infringement, while clarifying the Chinese consumers, there is no connection between Michael Jordan and Michael Jordan.

Michael Jordan said at the same time that such infringement is very malicious. Jordan himself should be respected by his name, and will propose compensation for mental damage to the other party. Michael Jordan stressed: "the purpose of this lawsuit is not economic demand, but to protect my right to name, which is a matter of principle." I plan to use any economic compensation that litigation may get to develop basketball in China. " In response to the amount of compensation, Kang said, "we have put forward a reasonable compensation, which is probably tens of millions of RMB."

Yesterday, Jordan sports also issued an official statement: "my company is highly concerned about this matter. As of noon on February 23rd, our company has not yet received any notification from any court in China. Chinese" Jordan "is a trademark of our company which applies for registration and exclusive right in accordance with Chinese laws. The lawful use of registered trademarks is protected by our law. We will actively pay attention to the development of the situation. If there is further information, we will further explain to the society through our official website.

In addition, Jordan sports also stated in the prospectus that there are no violation of Michael Jordan's name or other rights in the trade names and registered trademarks of Jordan sports. There is no dispute and potential dispute between Jordan sports and Michael Jordan.

Statistics show that Jordan sports had registered the trademark of Jordan as early as 2002. Why did Michael Jordan begin to sue Jordan sports until now, and this is just the sensitive period before Jordan sports listing.

Kang said: "at the end of last year, Michael Jordan found our law firm to deal with the case, and when we met with Michael Jordan himself in the United States, he said it was only recently learned that he knew that the other party had also registered 23 of his team in Chicago, and even registered the names of his two children. This is a great harm to his family, so he decided to prosecute. This is not directly related to whether Jordan sports is listed or not. {page_break}

　 Argument for reasons

Michael Jordan said that the main character trademarks of Jordan's sports were made up of the Chinese characters of Jordan or the Pinyin of Qiaodan, and the trademarks of Jeffrey Jordan, Markus Jordan, JIEFULIQIAODAN, MAKUSIQIAODAN and their variants appeared in other registered trademark columns, which were consistent with the Chinese names of Michael Jordan's two sons.

Michael Jordan believes that the use of Jordan's name by Jordan sports is very misleading to Chinese consumers. Third party surveys show that many consumers think Jordan sports is Jordan's brand, but this is not the case. "We hope that the other side can make it clear, stop doing things that continue to hurt Jordan and family members, and do not want consumers to be misled again." Kang said.

At present, the possibility of reconciliation outside the court is not large. Michael Jordan said directly: "there is no possibility of an out of court settlement". Michael Jordan said that after he got to know the matter, he did not directly contact Jordan sports and directly filed a lawsuit.

Jordan, a sports public relations official, said that the impact of the listing process has not yet been brought to the attention of the company.

One notable thing in this lawsuit is that Michael Jordan did not initiate a lawsuit in the name of infringement of trademark rights, but initiated a lawsuit on the grounds of infringement of the right to name.

"We have not filed a claim against the trademark. The case does not involve Jordan's trademark right. We are only suing for protection of the right to name. Jordan sports can not use Jordan's name. If we want to continue to use it, we must get Jordan's permission." Kang said.

It is believed that the claim for protection of the right of name has increased the possibility of Jordan winning the lawsuit. Previously, Nike The company launched a lawsuit against its brand name Air Jordan and Jordan sports, but later because Jordan sports's "Jordan" series trademark was first registered in China, Nike's "Jordan" series trademark was applied for registration in the country is rejected for review. "Taking Nike as the precedent, relatively speaking, the formulation of infringement of name right is more likely than the trademark right to win the lawsuit." Beijing City Ying Ke law firm, a person said.

In response to this lawsuit, whether the name "Jordan" used by Jordan sports is a one-to-one correspondence with Michael Jordan himself, or will become the focus of controversy between both sides. It constitutes one of the key points of whether Jordan sports infringes Jordan's right to name.

Jordan sports said in the prospectus, "Jordan" as an ordinary foreigner's surname is not specific, and has no corresponding relationship with the former NBA star Michael Jordan.

Kang Kang said, "from the time when Michael Jordan was first recognized by Chinese audiences in the 1984 Losangeles Olympic Games, the name of Michael Jordan is closely related to herself. Chinese newspapers, television, magazines and other media are making use of Jordan's name. Jordan and Jordan have formed a one-to-one correspondence in the hearts of Chinese audiences. We also have other kinds of evidence to prove this one-to-one relationship."

Kang said: "this kind of malicious infringement is very obvious. Jordan sports has been doing more and more business promotion these years, but it has never been approved by Michael Jordan himself, including its registration and use of Jordan's name and the number of Jersey and even the names of its two children. It is not an accidental act, but an attempt to establish a one-to-one relationship, misleading consumers, and consumers should have the right to know the goods they buy."