Textile And Clothing Industry: Trademark Rights Protection "Within" Enterprises Must Wake Up

Since last year, American basketball superstar Michael Jordan and China's "Jordan sports" infringement has been in a great rage. But after that, it was calm for a long time, so that everyone thought that the matter had been solved by legal means. However, the matter is obviously not going to end in peace.

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< p > earlier this year, "Jordan sports" jumped out and countercharged "flying man" again, and opened the corner of events.

"Jordan sports" not only denied infringement in court hearing, but also called "Jordan" as "the grass in the South".

Reporters noticed some netizens' comments, almost all of them objection to the counterclaim of "Jordan sports". Obviously, this explanation failed to serve the crowd, but it seems to be a smoke bomb again, and it will soon be calm again.

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< p > < strong > the focus of controversy is < /strong > < /p >.

< p > no matter what the backstage driver and real motive behind the lawsuit is, the "Jordan" brand seesaw battle is still going on.

No matter how different views the public holds, this incident has caused many consumers to be tired of "Jordan sports", which has seriously damaged the brand image. "Jordan sports" has obviously become a loser.

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< p > but the counterclaim from Jordan sports can also see its strategy, that is, to use the initiative to prosecute rights to restore its own losses. At the same time, we should also use the "fly" to force the two sides to reach a settlement and quickly end the prosecution.

If both sides can shake hands, it is of course the result that Jordan sports most wants to see.

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< p > from the source, the name of "Jordan sports" is easy for many people, especially sports fans, to associate with American basketball superstar Michael Jordan. It seems very hard to escape the suspicion of "edge ball".

In this regard, Wang Rongjing, an intellectual property lawyer at Jin Mao Kai de (Shanghai) law firm, said that from the perspective of legal action and business strategy, the chances of winning "Jordan sports" were not great.

Name is not limited to the official registration of a citizen in a household registration office. The plation name is also widely used.

In addition, in order to ensure that foreigners can live normally in China or develop their careers, they treat foreigners in the same way as their citizens.

Moreover, in recent years, Yi Jianlian and Yao Ming have won similar cases of infringement of name rights.

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< p > Wang Rongjing believes that if Michael Jordan could provide evidence to prove that he became famous before the "Jordan sports" filed a trademark registration time in China, and indicated that his legal action was aimed at protecting his right of name and < a href= "http:// www.91se91.com/news/" > brand < /a >, to avoid misleading Chinese consumers, and to safeguard the fans' right to know about the purchase of commodities.

Well, Michael Jordan has a greater chance of winning.

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< p > < strong > the "Jordan sports" incident still has a warning effect < /strong > < /p >

< p > in the industry, events like "Jordan sports" happen frequently, so that China's trademark was snatch "Crazy" overseas, such as "strong" battery and "strong" fashion trademark dispute.

We can not help asking, how should a famous brand maintain its legitimate rights and interests? < /p >

Wang Rongjing, who had accepted the case of rights protection before P >, said that most of the cases involving overseas rights protection by Chinese enterprises involve patent disputes, mainly in tort disputes. The cases of trademark disputes mainly involve rush registration and ownership disputes, and generally do not involve infringement proceedings.

As for copyright, business secrets and disputes about new plant varieties, it is extremely rare.

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In order to avoid winning the lawsuit and losing the company, whether P is passive or aggressive, Chinese enterprises must have their own intellectual property rights to discuss how to use international rules to protect their rights overseas.

Otherwise, even the best lawyers and the most impartial law enforcement officers will not win the lawsuit, let alone the commercial war in other markets.

China's < a target= "_blank" href= "http://www.91se91.com/" > textile < /a > clothing enterprises want to be based on the international market, they must first establish their own brands, while strengthening the protection of a href= "http://www.91se91.com/news/index_c.asp", "clothing products" /a "and" enterprise brand ", such as the logo on clothing products, the protection of clothing design and so on.

Especially in the advanced areas of trademark legislation in Europe and the United States, if the smell of clothing materials can be described accurately and succinctly, do not omit the registration protection of scent trademarks.

We should pay close attention to the legislative progress and protection trend of Fashion Law/Apparel Law, such as Europe and America.

Wang Rongjing said.

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< p > with the continuous increase of China's independent brands and the substantial improvement of its popularity, overseas infringement on China's independent intellectual property rights has also occurred frequently.

In Wang Rongjing's view, enterprises should make full use of China's "Customs record" effective protection network to consolidate the market and maintain product competitiveness.

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< p > Wang Rongjing explained: "whether patents, trademarks or copyrights, many high value intellectual property rights are foreign businessmen.

In addition to registration of rights protection in accordance with the law, civil litigation is still the most common means of safeguarding rights for foreign rights holders.

Before proceeding with intellectual property rights litigation, foreign businessmen should pay attention to the preservation and localization of evidence such as rights certificate, defendant's tort and compensation amount.

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< p > 543 Wu Jinwei, deputy general manager of display display prop company, said that nowadays, enterprises should be cautious about intellectual property rights protection.

Because of his personal experience, he was often plagued by other enterprises' imitation products. In order to protect his own rights and interests, he applied for more than 17 patents in China for several years, and fought many lawsuits, and each time he ended up winning the lawsuit.

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< p > < strong > "raise, cover, kill" or behind brand war < /strong > < /p >.

< p > in recent years, China's sporting goods market continues to slump, and Nike, Adidas and other international sports brands have begun to adjust China's market management strategy and strive to cultivate two or three line cities.

Nike has stated that this year the new store will 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 > despite the different professional perspectives, both legal experts and people in the industry have expressed their thoughts on local brands.

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Hao Baosheng, director of the Research Institute of the Ministry of Commerce, said: "when the initial business is small and no profit, no one will be concerned. People who are jealous after being bigger and stronger are bound to have more." P

The key is whether enterprises will join Jordan's content in publicity and registration. If it's just a side ball, it's a brand name behavior. If not, the global name is too much for Jordan.

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< p > Wang Rongjing said: "no matter what the result of litigation is, for Michael Jordan and its endorsement of Nike's air Jordan brand, they are already winners.

Because there are two lawsuits on the whole incident, in fact, it is a commercial battle between the international a href= "http://www.91se91.com" brand "/a" and the local brand in the Chinese market.

International giants have always called the application mode of intellectual property rights, that is, "raise, kill and kill": first fatten up, then catch up, then slaughter profits.

Foreign companies lack enough emphasis on intellectual property rights by Chinese enterprises. In the early days, they not only wasted time and spirit and money, but deliberately indulged. When enterprises were making big profits, they made a lot of efforts with various excellent commercial strategies and litigation strategies.

Of course, as a commercial competitive strategy and business mode, trademark rush registration has its rationality, but the "Jordan sports" incident gives us warning that the copycat behavior and shortsighted practice accompanied by the speculative mentality will undoubtedly bring great potential to the future development of enterprises, which will lead to greater legal and commercial risks in the process of market expansion in the future.

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< p > Hao Baosheng thinks that brand is the core competitiveness of enterprises. All kinds of "free riding" behavior is very easy for enterprises to have problems in the process of brand cultivation in the future.

There are not only hidden dangers in trademarks, but also some imitative traces in ways of promotion, sports sponsorship and channels, and homogenization is more serious.

It is difficult to build up the core competitiveness of the enterprise.

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 > industry pointed out that in the face of industry shuffling, local sports brands can seize the emerging market hot spots such as children's clothing, outdoor, fashion and leisure brought by the trend of population age structure and changes in domestic demand. On the one hand, they can gain new profit growth points, and on the other hand, they can enrich the brand connotation.

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< p > in recent months, the "Jordan sports" lazy media coverage of the report, in its official micro-blog bulletin column statement, seems to be able to explain: "leap new life - beyond yourself!" the future "Jordan sports" will win the chase, to regain control power, there is no fixed number.

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< p > reporter's notes < /p >

< p > < strong > trademark rights protection within the enterprise must wake up < /strong > /p >

< p > it is said that this is not a mere case of trademark rights protection, but a miniature of China's local brands being repeatedly "plotted" on the road of internationalization. Some people say that this is not a short-term PK competition, but the spread of Chinese domestic brands and foreign brands in the 234 tier cities.

The "Jordan sports" incident made the media commentators very excited, so that their competitors were very happy, but also let the consumers who like "Jordan sports" clothes lose.

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< p > although specific cases need to be analyzed concretely, it can not be said that all rights protection cases are likely to win, but "a href=" http://www.91se91.com/news/ "> Jordan sports < /a > incident makes the masses feel that Chinese enterprises are weak in safeguarding their rights, and Chinese enterprises are not careful in choosing trademarks during the beginning.

In the registration of trademarks, enterprises should not only comply with the requirements of the law, but also take care of the general cognition of the general public and respect the habits of the public. This phenomenon exists objectively in China.

Chinese enterprises should really create brands with their own distinctive characteristics, and try to avoid unnecessary lawsuits when enterprises become bigger and stronger, resulting in confusion and misunderstanding.

Because the trademark right to use is in an unstable state, which may cause the original contract to perform, exhibitions, exhibitions, products exports and so on can not be carried out normally.

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< p > strong > war has long started, will there be less smoke? < /strong > /p >

< p > it can be said that in intellectual property rights, we used to learn a lot from foreigners, mostly positive lessons, but today, negative classes have already started in advance.

China has promulgated and implemented the outline of the national intellectual property strategy for 5 years. China's local brands need to wake up. If we want to play chess in the international market, whether we encounter any "counterfeit, plagiarism, scratch ball" and so on, enterprises should take the initiative to safeguard their rights. First, we need to register trademarks and apply for patents in advance. If we find that the rights are damaged, we should actively cooperate with the professional lawyers in intellectual property rights, and provide complete materials in the effective time, so that we can maintain the right with the lowest cost.

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