Jordan Sports Charges Jordan That He Does Not Understand China'S National Conditions.

< p > silent for a year, the dispute between former NBA star Michael Jordan and Jordan sports Limited by Share Ltd, which plans to be listed company, is rising again.

Following last December's China Securities Daily's exclusive disclosure of Jordan sports or a separate prosecution of Michael Jordan, Jordan sports formally filed a lawsuit with the Quanzhou intermediate people's court recently.

The China Securities Daily reporter recently learned that his lawsuit will focus on "the defendant's malicious action of deliberately misleading the plaintiff's reputation and infringing upon the plaintiff's reputation right".

In response to this path, reporters interviewed many experts to analyze the trend of the case from a legal perspective and beyond the lawsuit.

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< p > < strong > "false accusation" and "infringement" become the key point < /strong > < /p >.

< p > March 2013, Michael Jordan has been prosecuting Jordan for more than a year since last year. Compared with the heated discussions between the media and the public at the time of the incident, the progress of the case appeared quite calm.

In this cold and hot room, the real anxiety is that Jordan sports is obstructed by the IPO process because of the lawsuit.

In March 29th, Jordan sports formally filed a lawsuit with the intermediate people's Court of Quanzhou.

China Securities Daily reporter recently learned from the insider that Jordan's sports will prosecute Michael Jordan for violating the plaintiff's reputation right by "fabricating facts, deliberately making false accusations, and using public relations companies to hype".

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< p > the person familiar with the matter said that the first lawsuit of Jordan's sports will be settled in "fabricating facts".

It means that Michael Jordan, as a foreigner, does not have the qualification of the right of name in China's general provisions of the civil law, while the two word "Jordan" in Chinese is the usual plation of "Jordan" and does not constitute the object of the right of name in Chinese law.

The defendant, in the name of "Michael Jordan", claimed that his name was "Jordan". He accused the plaintiff of using his "name" willfully and constituted the fabricated act of our country's law.

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< p > the second complaint is "intentionally false accusation", that is, the defendant knew that he did not enjoy the right of name to the Chinese "Jordan" but deliberately confused the legal relationship. The trademark trademark dispute which should have been resolved through administrative procedures was packaged as a violation of the name right to prosecute. It was deliberate wrongful action.

This derogation of the plaintiff's goodwill.

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< p > third cases refer directly to publicity activities outside the case.

The plaintiff believed that the defendant deliberately used the lawsuit as an excuse to derogate the plaintiff's reputation, and used the public relations company to conduct speculation and dissemination, which infringed the plaintiff's reputation right and caused losses.

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< p > in accepting further enquiries from the China Securities Journal reporter, the person said that Jordan sports had commissioned an investigation agency to collect evidence of the other side in the employment relations company and the network Navy, but it still takes some time.

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< p > < strong > the result of the former case is the key < /strong > < /p >.

< p > according to the lawsuits provided by Jordan sports insider, many legal experts interviewed by the China Securities Journal pointed out that the lawsuit brought forward by Jordan sports is in essence pointing to whether the name right litigation has constituted a malicious lawsuit, which will become the key judgement of the case.

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< p > for Michael Jordan to fabricate facts, many interviews with legal experts agree basically, that is, the key lies in the authenticity of the reasons provided by Michael Jordan, which has multiple associations with the right case.

"Although the two cases are independent judgments, the decision on the right of names will have an impact on the latter case.

If the Shanghai court ruled that Jordan sports did not infringe the right to name, then Michael Jordan's reasons for Jordan's sports were inadequate.

Lin Xiuqin, Dean of the Intellectual Property Research Institute of Xiamen University, told reporters.

At present, the verdict of name right case is still pending.

According to the relevant legal experts, Michael Jordan's suit is a foreign case and is not subject to the 6 months' time limit of ordinary procedure.

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Although the case is not final, however, in the eyes of the legal profession, there are some doubtful points in the lawsuit of the right of P.

Liu Kaixiang, a professor at the Law School of Peking University, said Michael Jordan's claim to infringe the right of name does not conform to the constitutive requirements of the law, because the right of name is different from the trademark right of an enterprise.

In addition, according to the provisions of the general principles of the civil law and the trademark law at the present stage, Huang Wushuang, a professor at the Law School of East China University of political science and law, also believes that Michael Jordan's prosecution is faced with some real obstacles: first, the right to name should be targeted at specific individuals, and the legal need to identify the Chinese "Jordan" and the former US basketball player Michael Jordan have the only corresponding relationship before they can be regarded as infringement.

Two, Michael Jordan prosecuted the right of name. According to China's current law, the right of name can hardly be extended to the protection of commercial interests. It does not necessarily belong to the "prior rights" stipulated in the trademark law.

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< p >, the legal experts formed different opinions against Michael Jordan's allegation of "deliberate error".

It is reported that Nike has raised objections and reviews on 8 defensive trademarks owned by Jordan sports. However, its objection and review were rejected by the State Trademark Office and the trademark review board. During the statutory period, Nike did not prosecute the people's court for reconsideration.

Liu Kaixiang believes that Nike's administrative procedures can not continue, and the way that Michael Jordan seeks civil action, though it may not win the lawsuit, there is no problem in the procedure.

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The opposite of P is Chen Jianmin, a professor at Tsinghua University law school.

He believes that Michael Jordan's action is likely to constitute malicious litigation.

"The purpose of the litigation is very clear. We should delay the time to affect the progress of Jordan's sports listing."

Chen Jianmin explained to the China Securities Journal reporter that the main trademarks of Jordan sports began in 2000, and in 2005, they were identified as "well-known trademarks" by the State Trademark Office. During this period, a lot of funds were invested to publicize their brands.

However, when Jordan sports approved the upcoming issuance of the stock market through the SFC, Michael Jordan did not have any communication and consultation with the other party.

"This is obviously an impure lawsuit."

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< p > in addition, another accusation of infringement of Jordan's sports reputation is alleged: the other party is using public relations companies to hype and disseminate Jordan's sports speech. Legal experts believe there may be three situations.

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< p > one is the authenticity of communication content.

If the content is true, the law does not prohibit public relations companies from helping propaganda.

But if the operation of the PR company exceeds the legal limit, it may lead to infringement. Lin Xiuqin expressed this view.

Huang Wushuang also believes that only Jordan's sports prove that the fact is fabricated, then it is possible to cause infringement of reputation.

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< p > two is the difficulty in collecting evidence.

Through the operation of the public relations company or the network Navy, because Liu Kaixiang's opinion on the Internet has the secrecy of the main body, it is difficult for him to identify who the infringer is.

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< p > three is the degree of reputation derogation.

If Michael Jordan's side prosecuted the information that derogate from the enterprise, and the court held that the negative impact of Jordan's sports was very serious, it might support the infringement of reputation rights.

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< p > sports industry expert key sports CEO Zhang Qing believes that the negative effects brought by litigation to Jordan sports are mainly concentrated in two aspects: first, the IPO process of enterprises is blocked, and the sports goods industry has entered a low tide during the litigation period, and enterprises have missed a suitable financing window.

The two is the negative speech diffusion brought about by litigation, which has adverse effects on Jordan's sports brand.

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< p > < strong > litigation behind or concealing the brand secret warfare < /strong > /p >

The difference between P and legal experts is that the analysis of the "double Joe dispute" tends to be unified.

Zhang Qing believes that on the surface is two lawsuits, from the legal point of view, no one can say anything.

The confrontation between international giants and local brands in the market is the underlying reason for the dispute between "two Joe".

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< p > Zhang Qing said that in recent years, the demand for Chinese sporting goods market continued to slump. The international first-line sports brands began to adjust the management strategy of the Chinese market, continue to sink their market layout, and strive to cultivate two or three line cities to cater for the development of urbanization in China.

It is reported that Nike announced recently that this year plans to open 40-50 factory stores, the commodity price is the genuine product 3-4 fold, the new store will also extend from the first line to the two or three line market.

In addition, Gao Jiali, director general of Adidas Greater China, has said that by 2015, Adidas plans to enter more than 1400 small and medium-sized cities in China.

The confrontation between international brands and local brands is unavoidable in the middle and low end markets.

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< p > "it is precisely because of the direct confrontation in the market and the scale of confrontation."

Zhang Qing pointed out that when Jordan sports brand is still in its infancy, it may not be worried about international brands. There is not much competition between the two cities.

But at present, the scale of Jordan sports has reached nearly 4 billion yuan, and products and consumers have reached a certain scale.

In this competitive situation, Jordan sports has become a competitive force for international brands in the middle and low end market.

Therefore, Michael Jordan's lawsuit on the name right of Jordan's sports is likely to be a commercial defensive strategy of the international brand.

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< p > market analysts also hold similar views.

In recent years, under the background of sluggish sports goods market, Jinjiang's sporting goods industry is controlled by locals because of its own production system. The cost control ability is strong, and the impact of this industry downturn is relatively small.

And foreign brands are driven by market pressure to sink, referring to the "234 bases" of local brands.

"The war has long started, will there be less smoke?" the source said.

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< p > < strong > brand thinking of "double Joe dispute" /strong /strong > < >

< p > despite the different professional perspectives, both legal experts and people in the industry have expressed their thoughts on local brands.

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< p > a legal person suggests that when a registered trademark is registered, it should also take care of people's general cognition and respect the public's habit in addition to meeting the requirements of the law.

From a legal point of view, it is difficult to judge that Jordan's sports trademark infringes Michael Jordan's right to name or portrait.

However, the incorporation of enterprises into lawsuits may lead to confusion and misunderstanding among consumers.

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< p > Chen Jianmin thinks that the development of enterprise's own brand is probably the most significant thing.

"The trademark law has just been amended in 90s, and the choice of trademarks is not prudent during the founding period. This phenomenon exists objectively in China.

Enterprises should gradually get rid of this mode and really create brands with their own distinctive characteristics.

In addition, intellectual property review bodies also need to guard against risks in advance.

Jordan sports development is all smooth in the examination aspect, but after the enterprise becomes bigger and stronger, has encountered the lawsuit.

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Zhang Qingze, who has been running sports brand marketing for many years, thinks: "at present, local brands are not only hidden in trademarks, but also have some imitative traces in promotion methods, sports sponsorship and channels. The phenomenon of homogeneity is more serious than that of P.

Such a competitive area is not big enough, and the trade barriers are not high enough to constitute the core competitiveness of enterprises.

As for how to deal with the market competition of international brands, he suggests that local brands should enhance the differentiation of brands, enhance the added value of brands, and improve the performance mode, retail channel, consumer experience and other measures to open up the future development space.

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< p > the industry pointed out that under the background of the weak cycle of the sporting goods market, the local sports brands can push the boat forward and seize the emerging market hot spots such as children's clothing, outdoor, fashion and leisure brought by the trend of population age structure change and domestic demand structure change.

"In the Red Sea, it is better to go to the blue sea to tide over the waves."

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