Chen Shaoping Won The Battle In The Case Of "Jordan" Trademark Dispute.

Recently, the first intermediate people's Court of Beijing " Jordan "Trademark dispute 78 cases to make a first instance judgment, China's private sports brand leader Jordan sports company has now won 68 cases. Chen Shaoping, Lanxi's chief lawyer, won the victory for Jordan sports company.

Before the Spring Festival, 68 judgments were sent to Chen Shaoping's law firm in Longan. With the joy of winning the 78 case, Chen Shaoping set foot on his way home. "Usually busy work, one or two times a year to return home, accompanied by two elderly." He spent less than a week in Jinhua, and returned to Beijing three times at the beginning of the month of Yu Zheng. "The plaintiff appealed, the case has entered the second instance, and it will usher in a new challenge after the year".

Lanxi people associate with "Jordan"

Chen Shaoping went to middle school in Lanxi, and entered the Department of philosophy of Renmin University of China in 1998 with the achievement of second liberal arts in the city. In 2003, he was admitted to the Law School of Peking University, and he began to work as a lawyer after receiving his master's degree in civil and commercial law in 2006. In 2010, he went to Chicago, Kent law school to pursue a degree in JD. He returned to Beijing in 2013 and continued his career as a lawyer in Longan law firm.

Michael Jordan is the top NBA basketball star in the world. Jordan sports Limited by Share Ltd is the leader of China's private sports brand. "Jordan" trademark dispute case Since 2012, fermentation has attracted the attention of domestic and foreign industries, and has become a hot topic of public opinion at that time.

At the very beginning, Nike company (its Air Jordan brand) filed a series of trademark dissenting and controversial administrative procedures on the grounds of violating the name of Michael Jordan and so on against the trademark "Jordan" series registered by Jordan sports company. After being rejected by the Trademark Review and Adjudication Board of the whole country, Nike has instituted two administrative lawsuits against two trademarks.

Longan law firm appointed Chen Shaoping lawyer and Haas lawyer to represent Jordan company and took part in the two lawsuits and won the lawsuit. After Nike lost the lawsuit, Michael Jordan himself was taken as the plaintiff, and 80 administrative lawsuits were filed against the 80 "Jordan" trademark registered by Jordan sports company. The plaintiff is Michael Jordan, the defendant is the national trademark review board, the third is Jordan sports company, and the first intermediate people's Court of Beijing has accepted 78 of them.

This is a "luxury lawsuit".

Chen Shaoping said, as far as he knows, for a series of cases, the case is the largest in the history of trademark administrative litigation in China, and the biggest workload and the most complicated case in his lawyer career.

"It's a luxury lawsuit. The plaintiff spent enormous manpower and financial resources and submitted nearly 15 thousand pages of evidence. If you book a book by 300 pages, you can put it in 50 copies. Chen Shaoping said that when he took over the case, he left the court for only 1 months. Lawyers often work day and night to discuss the case, to find and choose evidence, and to draft various documents.

"The plaintiff demanded the cancellation of Jordan. Sports company Registered in the use of the 80 "Jordan" series of trademarks. Chen Shaoping said that if we lose the lawsuit, these trademarks will be revoked, which is undoubtedly a fatal disaster for Jordan sports company, which has formed a stable market order. After 15 years of development, all the core trademarks of Jordan sports company, including its well-known trademarks, are worth more than $1 billion, and the company has sold more than 200 million products. There are more than 6000 stores in the country and more than 80 thousand employees, which means more than 80 thousand families.

In from October 27th to 30th last year, for the 78 series of cases, the first intermediate people's Court of Beijing constituted 9 collegial panel, and appointed nearly 20 judges to hear the case in different categories.

"78 cases, 3 days and a half days, there is no slack in court during the day, you come to me, in the evening, according to the situation in court to prepare for the next court." Chen Shaoping said, in the business, the plaintiff lawyers are excellent, as the defendant lawyer pressure is very natural.

Jordan sports company has become the leading brand of national sports and leisure products in China. It brings more than 80 thousand jobs to the society, and provides products of high quality and low price for millions of consumers. The company's proposition is not only in line with the existing laws and regulations, but also in the public interest. "As a professional lawyer, the goal of every agency is to strive for the maximum legal rights for the client, but there are many times when the client's proposition is not necessarily consistent with the lawyer's idea. This time, I have a high degree of consistency with my clients, which makes me feel full of energy in the face of challenges. He said.

"Jordan" does not represent

"Michael Jordan"

Chen Shaoping said that Jordan sports company registered "Jordan" instead of "Michael Jordan" or "Michael Jordan". Qiao and Dan are only commonly used Chinese characters. They exist in the public domain. In China alone, there are more than 4000 people who have records to be found and whose names are "Jordan". Moreover, "Jordan" is only one of the translations of "Jordan", for example, in Hongkong, "Jordan" has been translated into "Jotun". Therefore, the defendants believe that Jordan sports company does not infringe the right to name.

The first intermediate people's Court of Beijing also decided that "Jordan" is only a common American surname. Jordan sports company's registration and use of the "Jordan" series of trademarks do not infringe Michael Jordan's right to name or portrait.

"In addition, most of the registered trademarks of Jordan sports company have been in dispute for 5 years." Chen Shaoping said that the development performance of Jordan sports company was the result of its own hard work in the process of creating the company's brand, and it was not achieved by relying on the star effect. This is the key to winning the Jordan sports company.

"The case has the potential to become a benchmark case, and the court's decision may provide a reference for similar cases in the future." According to the insiders, how to balance the interests of the public and the individual interests and how to deal with the rights and interests of the prior owners and the registered companies is a hot issue in the field of trademark law and anti unfair competition law.

The date of second instance is not yet determined. Chen Shaoping has begun collecting new evidence and making preparations.