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    Local Footwear Brand Listing Blocked Only Because Of Trademark Infringement?

    2012/3/16 15:27:00 6

    Brand Trademark Infringement

    Because

    Trademarks and patents

    When intellectual property rights are related to the core competitive advantage of enterprises, once there are disputes, it is uncertain whether the property rights will continue to be used in the future, which will affect the development prospects of enterprises.


    Therefore, for a listed company, we must face the problem of intellectual property right and formulate and implement intellectual property strategy as soon as possible. Otherwise, it will directly affect your IPO process, or even be voted down by one vote.


    In the process of IPO, the auditing department is very strict in the examination of intellectual property rights.

    Intellectual property disputes are bound to lead to uncertainty in technology, thereby reducing the value of intangible assets. If there is a major controversy about intellectual property rights, it will affect the company's IPO.


    Therefore, for a listed company, it is of great significance to correctly treat and deal with intellectual property rights.

    Intellectual property rights affect IPO mainly in major pending litigation, sustained earnings and information disclosure.


    Jordan sports encountered trademark disputes, the listing was stranded.


    The China Securities Regulatory Commission announced on its website in November 25, 2011 that the Jordan sports Limited by Share Ltd (hereinafter referred to as Jordan sports) initial public offering was approved by the China Securities Regulatory Commission's issuance examination committee and approved at the 263rd meeting in 2011.


    The company is going to be an exciting event for the company, but the management of Jordan's sports management is not excited for too long. He feels the unusual pressure, because the reports and pressures from "competitors" have not been stopped since the company's Prospectus has been disclosed.


    Jordan sports is registered in Fujian.

    Jinjiang

    The Limited by Share Ltd, which was established in December 2009 by the "Fujian Jordan sporting goods Co., Ltd." as a whole, was developed in 1984 by "Fujian two Jinjiang daily products factory".

    Originally a "collective ownership enterprise" wearing a red hat, after the "collective enterprise screening" in 2000, the "red hat" was removed, and the "Fujian Jordan sporting goods Co., Ltd." was restructured and reduced to a private enterprise.


    The main business of Jordan sports is the design, production and sale of sports shoes, sportswear and sports accessories.

    As of June 30, 2011, Jordan sports has established a marketing network covering 31 provinces, municipalities and autonomous regions in the country, with 5715 brand stores.


    After more than 10 years of development, Jordan sports has become a well-known company with a registered capital of up to 450 million yuan and a profit of more than 500 million yuan in 2010.

    Its actual control is Ding Guoxiong and Ding Yezhi, and the controlling shareholder is Fujian hundred Group Investment Co., Ltd. (chart 1, table 1).


    Since its establishment in 2000, Jordan sports began to use "Jordan" as its business name and has obtained approval from the administrative department for Industry and commerce.

    The "Jordan" trademark currently used by the company is also registered before and after 2003.

    In 2005, the "Jordan" graphic trademark was also recognized by the State Administration for Industry and commerce as "well-known trademark".

    In 2009, the "Jordan" Chinese character trademark was recognized by the State Administration for Industry and commerce as "well-known trademark".


    Although Jordan sports has nothing to do with American basketball star Michael Jordan (Michael Jordan).

    The company prospectus (Declaration) page 1-1-173 said: "there is no dispute and potential dispute between the company and Michael Jordan", "there is no dispute or potential dispute between the company and Nike International Ltd".


    But "competitors" reported that their trademark infringed Michael Jordan's right to name.

    Then, the media reports began to follow up, and things became more and more troublesome.


    What Jordan did not even think about sports was that in February 23, 2012, Michael. Jordan announced through the American Express that he had sued "Jordan sports" in the Chinese court for alleged infringement of his right to name: "as a public figure, my name has been recognized by the public in the basketball career of the past 35 years, which includes not only the personal recognition of Michael, Jordan, but also the recognition of Jordan brand. When you see the brand name, it will directly associate with me.

    I always think that this name means everything to me. I have this name. When someone invade my name leads to misunderstanding, I should stand up and protect it. "

    Michael? Jordan also said, "this is not a matter of money, but a matter of principle and maintenance of my right to name and status."


    Michael Jordan's action has stimulated the sensitive nerves of the media, and all kinds of reports, analysis and comments have been overwhelming.

    Jordan sports's listing plan is even more precarious.


    Due to major uncertainties, it can be expected that without the final outcome of court decisions or conciliation, Jordan sports's IPO process will be harder to start even after the meeting.


    First, the possibility of reconciliation is very small.


    Although it is said that the claim amount is about ten million yuan, it is not a big number for a Jordan sports, whose registered capital is 450 million yuan and the annual profit is more than 600 million yuan.

    In order to raise 1 billion yuan for IPO, the settlement of money will be settled quickly, and it will be worthwhile to continue to use Jordan trademark in the future.

    But because Michael? Jordan clearly stated that "this is not the question of money", and some analysts believe that behind Michael? Jordan is actually Jordan sports rival Nike company, so the possibility of reconciliation is very small.


    Secondly, the court's decision is not good.


    Because of the cumbersome litigation procedure and long time limit, it is not likely that the end result will last for a year or so.

    In this lengthy litigation process, perhaps Jordan sports may be anxious waiting and suffering.

    Not only will we spend a lot of money, but once we lose the lawsuit, Jordan sports will face a series of serious consequences such as product shelves, inventory destruction, LOGO changes and so on. It is really unthinkable.


    Unless the court disclaims prosecution or refuses to accept it.

    But the court should give "reason first".


    Besides, it is not very good for the current macroeconomic environment.

    Jordan sports worries about the decline of performance in the coming year.

    If there is no guarantee of future growth in performance, what is the listing financing?


    Jordan sports is suffering from "

    Barbarous growth

    "It is a high price to pay.

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