Will Michael Jordan Shake Hands With Jordan'S Sports?

According to reports, the US NBA superstar

After the meeting, it will face major intellectual property litigation.

First of all, what is reconciliation? There are three logical results in this case. One is that Michael Jordan authorizes Jordan to use Jordan brand.

Two is Jordan's abandonment of the Jordan brand.

The three is Jordan's continued use of the Jordan brand without the authorization of Michael Jordan.

Of the three results, the latter two must be judged by the court, only in the first case, because only the parties have compromised.

We believe that the possibility of reconciliation in this case is very small.

First, Jordan has always been dominant in the previous legal game.

Jordan has always been dominant in the legal game before, and may not be authorized to buy Michael Jordan's authorization.

According to Jordan sports news spokesman, from 2002 and 2007, Nike company, which had long-term cooperation with Michael Jordan, had challenged and reexamined the eight trademarks registered by Jordan sports, but they were rejected.

In 2005 and 2009, the Chinese "Jordan" and the graphic trademarks were identified as "well-known trademarks in China" by SAIC.

At the same time, the trademark law stipulates that even if a trademark is registered, the obligee should file a cancellation procedure within 5 years.

Jordan made trademark registration on twenty-fifth categories of clothing, shoes and other products in January 2007, and Michael Jordan's prosecution time is 2-3 months this year, which has exceeded 5 years.

Second, Michael Jordan is constrained by the contract with Nike.

Even if Jordan agrees to spend money on authorization, even if the cost of authorization is high, it is unlikely that Michael Jordan will empower him.

First of all, it is not a pleasant thing to authorize a person who infringed his or her name.

More importantly, Michael Jordan also has a long history of cooperation with Nike's rival Nike. Nike and CONVERSE bought by them have tried to stop Jordan's trademark registration, indicating that they value the commercial value of Jordan brand. Therefore, Michael Jordan's authorization to Nike's competitors may be restricted by the contract of Jordan and Nike company.

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Third, Michael Jordan is not entirely hopeless.

Although according to the foregoing, Jordan has gone beyond the time limit of trademark revocation stipulated in the trademark law 5 years ago. Jordan still has the possibility of safeguarding his rights. Here I quote the viewpoint of our colleague Si Weijiang, lawyer: "our Supreme Court's answer to a number of questions concerning the trial of civil disputes involving registered trademarks, enterprise names and first priority conflicts" stipulates that the plaintiff's lawsuit on the basis of the original rights of the plaintiff, such as words, images and other rights that infringe his copyright, design patent, and enterprise name, are compatible with the one hundred and eight provisions of the civil procedure law.

Therefore, Michael Jordan's litigation is in line with our legal provisions and the court can handle it directly.

Once the court decides that Jordan's trademark will be violated by Jordan and its trademark, the trademark will be revoked.

However, it is not clear that the plaintiff has prosecuted whether the name of Jordan's name has been violated by the plaintiff's accusation.

If there is no picture of a ball player, if a Chinese pliteration is not played, the possibility of infringement will be smaller. However, because the trademark used by Jordan company is infringed, the use of its trademark will also have the same intention of infringement, and objectively, it may still cause confusion, and there may also be certain infringement.

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Fourth, Jordan company may not afford to sign Michael Jordan's contract fees.

Although China's sports brands have signed NBA superstars in recent years, for example, Li Ning Co has signed shark O'neal, but the cost of signing NBA superstars is very high. The competition in China's sports brand market is fierce and the profit margin is not high. Jordan is not a first-rate brand. Its products sell far lower than those of competitors such as Lining and Anta. Therefore, it is doubtful whether they have the financial resources to sign Michael Jordan.

Finally, although Jordan sports has passed the trial, it is now being approved by the SFC.

However, this lawsuit may have an impact on its final listing, because the situation described in the prospectus of Jordan sports has changed. Its previous Prospectus has the following statement: "the issuer and Michael Jordan do not have any commercial cooperation relationship, nor have they used their image to carry out enterprise or product publicity.

The issuer's trade name and registered trademark do not infringe the name or other rights of Michael Jordan, and there is no dispute and potential dispute between the issuer and Michael Jordan. "

Now Michael Jordan's litigation will overturn the above statement. Meanwhile, because Jordan's most valuable brand will be greatly affected by the litigation result, its recent listing should be very difficult.