" Jordan Sports " Trademark Case Court Dismissed Jordan'S Appeal.
Is Michael Jordan and Jordan sports identical? Recently, this tortuous trademark case has made new progress. It is reported that Michael Jordan's second trial has lost again.
On April 13th, the higher people's Court of Beijing
Michael Jordan
32 cases of 78 series of trademark disputes against Jordan sports Limited by Share Ltd were tried in the second instance.
In view of the influence of Jordan as a famous basketball star, the trial result of this case has attracted much attention.
In May 11th, the reporter got the news from the people closest to the case. The Beijing Higher People's court has made a final judgment on the 32 cases, and delivered the judgment to both sides in early May.
As a result, the Beijing Higher People's court made a decision to maintain the first instance judgment, dismissed Michael Jordan's appeal request, and maintained the registration of Jordan's sports dispute trademark.
The remaining 46 trademark cases are still under trial.
In short, basketball star Jordan temporarily lost to the Chinese brand Jordan sports in the trademark dispute case.
For the court's decision, Michael Jordan said in a statement: "over the past 30 years, from the early stage of playing on the NBA court, based on my name and jersey number, I gained a reputation and established an internationally famous brand.
I have the right to protect my name and reputation.
At the same time, Chinese consumers and fans like me have the right to know that Jordan sports and its products have nothing to do with me. "
Jordan sports, full name
Jordan Sports
Limited by Share Ltd is a sporting goods manufacturer in Jinjiang, Fujian.
The company's predecessor was founded in 1984, "Fujian Jinjiang chedai Creek commodity factory two".
Around 2000, the company changed its name to "Jordan sports", and registered "Jordan", "QIAODAN", "Qiao Dan", "Qiao Dan", "Jordan king" and Jordan's two sons' names "Jeffrey Jordan", "Marcus, Jordan" and so on.
In recent years, with the development of Jordan sports in China, the brand trademark also alerted the "flying man" Jordan.
In order to protect its own rights and interests and avoid misleading consumers, in 2012, Jordan applied to the Trademark Review Committee of the State Administration for Industry and commerce to revoke the 78 related registered trademarks of Jordan sports.
At that time, Jordan said in a statement: "I was very disappointed when I learned that other enterprises had used my Chinese name, number 23 and even tried to use my child's name to carry out business activities without my permission."
However, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce decided to maintain a series of trademark registration of Jordan sports.
This made the "flying man" Jordan dissatisfied, and then he filed a lawsuit against the first intermediate court of Beijing.
In early 2015, the first intermediate people's Court of Beijing rejected Michael Jordan's claim.
After two setbacks, Jordan did not intend to give up. He continued appealing to the higher people's Court of Beijing.
The "flying man" said that the purpose of insisting on litigation is not only to protect the rights and interests of his personal name, but also to prevent domestic consumers from being misled by trademarks.
Therefore, in the second instance of April 13th, Jordan, the flying agent, submitted a new market research report.
The report shows that most consumers still think of Michael Jordan after hearing the word "Jordan", and mistakenly believe that Jordan sports and Michael Jordan have specific connections such as endorsement and licensing.
Therefore, they said that the registered trademark of Jordan sports belongs to the "free riding" behavior, which is to mislead consumers by the popularity of the "flying man" Jordan.
Jordan sports refute, "Jordan" is just a common Chinese pliteration name, not specifically refers to the American basketball star "Michael Jordan".
Judging from the final judgment, the court still preferred Jordan's sports side.
In response, a spokesman for the "flying man" Jordan said he regretted the court's final judgment on trademark disputes and will continue to apply for retrial to the Supreme People's court.
"Michael Jordan respects China's laws and believes that Chinese laws will protect their legitimate rights and ensure that consumers are not misled."
The spokesman said in a statement.
Michael Jordan is one of the most influential players in basketball and even sports. When Jordan registered Jordan's trademark, did he have the intention of "free riding"? The answer may be obvious.
Nevertheless, a legal insider who declined to be named told the interface reporter that even if Jordan sports had the subjective intention of Jordan's popularity, he could hardly link Jordan with "Michael Jordan" at a strict legal level.
This puts Michael Jordan at a disadvantage in the case and will be the next difficulty for Jordan to appeal.
In addition, in domestic commercial cases, there is no rule of protection.
brand
Factors.
Judging from the results of the trademark case, Jordan sports in China seems to have won the victory.
However, this trademark infringement case has also become the fetter of Jordan's sports listing.
Jordan sports, originally planned for listing in 2012, has been affected by infringement cases. The listing has been shelved until now, and the next progress is still unknown.
In addition, this dispute with Michael Jordan and "excuse" are likely to cause the brand to lose quite a number of consumers and markets.
Therefore, Jordan's sports won the lawsuit may not be good.
It is worth mentioning that the plaintiff of the trademark case is Jordan himself, and Nike, who has close commercial relations with the "flying man", is not involved in the case.
However, the result of the trademark case has a lot of influence on the development of Nike's brand Jordan brand in the Chinese market.
According to the present situation, besides
Jordan
Apart from the confusion of brand names to a certain extent, Nike also finds it difficult to get a Chinese name that is most popular among Chinese consumers.
At least before Jordan's sports, Nike should think of registering the Chinese trademark for "Jordan brand" in China, so the farce is much simpler. "Jordan"
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