Infringement Cases Cover Jordan Sports Listed Road Claims Or Tens Of Millions Of RMB

　　 Jordan Sports (micro-blog) some fragments of the prospectus of Limited by Share Ltd (hereinafter referred to as "Jordan sports") are like a crystal ball that can see the future.

Michael Jordan, known as the greatest basketball player in history, has filed a lawsuit against a Chinese court accused Jordan of using his name without "permission and without scruple" and misleading Chinese consumers without permission. Michael Jordan,

　 Jordan sports program approved in November 2011 on the Shanghai stock exchange. list Now, because of this lawsuit, adding variables.

Michael Jordan's agent, Fang Junhe's lawyer, said that according to the civil procedure law, the lawsuit is expected to be filed in a week. "We have put forward a reasonable compensation, which is probably tens of millions of yuan."

According to Jordan sports prospectus, by the end of 2010, the company's operating income exceeded 2 billion 900 million yuan.

In the prospectus of Jordan sports, "trademark and firm risk" is listed as the first item in "risk factor prompts".

According to the definition of "Anti Unfair Competition Law", "unauthorized use of another enterprise's name or name, which leads people to mistaken for the goods of others", belongs to the scope of using unfair means to engage in market spanactions and damage competitors.

Defending "DNA"

"For everyone, their names are like DNA on their bodies." Michael Jordan said yesterday through a video, "a Chinese sports company has launched business in China with my Chinese name without my authorization. I feel very sad to see people who infringe on my image right. I have no choice but to go to court.

Jordan sports published a public statement on its website yesterday, emphasizing that Chinese "Jordan" is a registered trademark of the company applying for registration and exclusive right in accordance with Chinese laws, and the lawful use of registered trademarks is protected by our law.

Jordan, a sports public relations official, said he had not received any official legal documents. As for the impact of the case on the listing process, the person said that it had no immediate effect and remained concerned. Jordan sports was founded in 1984, and many Jinjiang sports brand origin also came from shoes. Jinjiang 。

In 2002, the annual output value of the company was only 120 million yuan, and the sales revenue of the company jumped to 2 billion 930 million yuan by 2010.

Michael Jordan said that it had already provided six related requests for the case. The most important one was Jordan sports, which did not use Jordan's name to stop the infringement, while clarifying the Chinese consumers, and there was no connection between Michael and Jordan.

The information provided by Jordan sports shows that the trademark "Jordan" used by the company was registered before and after 2003. Why is it that only now did Michael Jordan begin to sue Jordan sports?

Kang said that at the end of last year, Michael Jordan found their law firm to deal with the case. "When we met with him in the United States, he said that he had only recently learned that he had even registered his two children's names as trademarks."

"This is not directly related to its listing or not," Kang said.

A person familiar with the matter said that the reason why the company was acting as Jordan's agent was also based on its business expansion in the US branch. Jordan was introduced by the branch adviser.

Jurisprudential Analysis

Jordan sports prospectus says, "Jordan" as an ordinary foreigner's surname, does not have a specific nature, and "Michael Jordan" does not exist one-to-one correspondence.

The prospectus also disclosed that there was no commercial cooperation with Michael Jordan, nor did he use his image to publicize the company and products.

Kang said that 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."

This reporter has learned that Jordan sports is not the first time because of the "Jordan" brand to stir up trouble. Before Jordan personally prosecuted, Nike company with "Air Jordan" high terminal brand has accused Jordan of trademark infringement, but it has not been successful.

Jordan sports has already made good strategic reserves.

The prospectus disclosed that the graphic trademark used by the company's "Jordan" was recognized as "well-known trademark" by the State Administration for Industry and Commerce Trademark Office in 2005, and the "Chinese character" trademark of "Jordan" was recognized as "well-known trademark" in 2009.

At the Trademark Office of the General Administration of industry and Commerce (China Trademark network), it was found that the trademarks of Nike International Ltd, including multiple JORDAN words, are in the trademark process of "rejecting the review".

At present, Nike has only registered trademark "MICHAEL JORDAN" and two graphic trademarks to be registered in China.

It is noteworthy that Jordan sports also has 127 registered trademarks registered in China, including trademarks containing "little Jordan", "Qiao Dan", "Jeffrey Jordan" and "Markus Jordan".

Jeffrey Jordan and Markus Jordan are the Chinese spanlations of Michael Jordan's two sons, Jeffrey Jordan and Marcus Jordan.

A senior legal personage introduces that, from the legal point of view, China does not have such intellectual property rights as American public figures. In China's legal context, the right of name is more appropriate. Because Jordan's Chinese spanliteration does not refer specifically to Michael Jordan, it needs to be analyzed in combination with specific circumstances.

However, he combined with the anti unfair competition law analysis, although Michael Jordan can not monopolize Jordan's Chinese spanliteration, if the ordinary consumers think that someone has used Michael Jordan's name, it is also a tort.

"This also reminds companies to be cautious when carrying out trademark strategies," said the famous person. "The celebrity may be able to get a quick dissemination effect, but the greater the investment, the greater the risk." Wu Pengbin said.

Kang said that Yao Ming sued the "Yao Ming generation" victory, indicating that Chinese law attaches great importance to the protection of athlete's right to name. {page_break}

Potential impact

In 2010, the turnover of PEAK, Anta, Lining and Jordan in the Chinese market reached 3 billion 849 million yuan, 7 billion 326 million yuan, 8 billion 615 million yuan and 2 billion 912 million yuan respectively.

Independent commentator Ma Gang believes that brands such as Jordan sports, which are entrenched in the three or four tier market, are getting more and more impacted by a second tier brand from Nike, ADI, Lining and so on. They urgently need cash to invest in channel expansion. Once the listing process is blocked, the original planned marketing input, channel expansion costs, product development costs and so on may all be problems.

A number of investment bankers have pointed out to our reporter that there are variables in the listing of Jordan sports in a major lawsuit. In the future, according to the development of litigation, the possibility of postponed issuance is not ruled out, and there may be a "two meeting".

The requirement for listing of issuers is that there is no significant risk of debt repayment, and there are no major or contingencies affecting the continuing operation of guaranty, litigation and arbitration.

The method also requires that after the issuance of the application for approval and the issuance of the stock issue, the issuer shall delay or suspend the issuance of the major issues, and report the SFC in a timely manner, while fulfilling the duty of disclosure. If the issuing conditions are affected, the approval procedure shall be renewed.

The current issuance audit process is closely linked, and every link from the material submitted to the final issue and listing will be bright red.

Analysts pointed out that Jordan sports such enterprises are directly facing the issue of the SFC's Distribution Department and the issuance of two places, the two departments are responsible for legal and financial audit.

However, the source said that in the pre-trial stage, the SFC's issuing department would not make substantive judgments on whether the issuer could be listed. The core of its work is that the issuer truthfully disclose any factors that may have an impact on the company's continued profitability and asset integrity, including possible litigation arising out of trademark rights.

Even if we get the approval, there are precedents that enterprises may lose because of emergencies in the last stage, such as Shengjing mountain and river.

The above points out that regulators can make sure that the company truthfully disclose the matter to investors. Therefore, even if Jordan sports can get the approval issued in the final stage, whether it can get investors' approval in the issue stage is also unknown.

"The problem of brand infringement, including pricing for the future and subsequent operations, is always a big negative factor, depending on how the company handles it and the final judgment." Shi Hongmei, chief analyst of Orient Securities and textile and garment industry, pointed out that whether the demand decline due to the change of consumption trend or the impact of external competitors, the domestic sportswear industry itself is more difficult at this stage, and its valuation should be at the bottom of all apparel sub sectors.