Jordan Sports Trademark Dispute Final Trial IPO Will Be Pushed Forward According To The Plan After The Supreme Court Judgment Comes Out.

Compared with Kobe Bryant, who retired just now, in the 90s of last century, Michael Jordan was popular in China.

With the fame of "flying man",

It was once running smoothly.

Since Jordan's first sports meeting was held in 2011, the company's IPO has been delayed due to deep disputes over the "Jordan" series of trademark disputes.

In April 26th, the Supreme People's Court opened a trial of "Jordan" trademark dispute, but did not pronouncement it in court.

After yesterday's trial, Jordan sports told reporters that IPO will be pushed forward according to the plan after the decision of the Supreme Court.

Two "Jordan"

Fujian private enterprise Jordan sports listing process can be described as frustrations.

As early as November 2011, the application of IPO has been approved by the SFA, but it has not yet been issued due to a long-standing trademark lawsuit.

Jordan sports initial prospectus (Draft) describes the relationship between the two "Jordan": the publisher's trade mark and its main product brand "Jordan" are similar to the Chinese pliteration name of Michael Jordan, the former professional basketball star Michael Jordan. At present, the issuer and Michael Jordan do not have any commercial cooperation relationship, nor have they used their image to carry out enterprise or product publicity.

The issuer enjoys the right of business to the enterprise name, and enjoys exclusive rights to the registered trademark. These rights are protected by the law of our country.

The names and other rights of the Michael Jordan are not infringed by the issuer's trade names and registered trademarks. Since the establishment of the issuer in June 28, 2000, Michael Jordan has never issued any rights or claims to the issuer regarding the issuer's trade name and the "Jordan" registered trademark issue. There is no dispute and potential dispute between the issuer and Michael Jordan.

No matter how many months later, in February 2012, Michael Jordan disputed his trademark right by disputed trademark registration. He violated the thirty-first article of the People's Republic of China trademark law, which was amended in 2001, on the grounds of "applying for trademark registration and not damaging other people's prior rights and interests", etc., and applied for the cancellation of 78 related registered trademarks of Jordan sports to the Trademark Review and Adjudication Board of the General Administration of industry and commerce.

However, the Trademark Review and Adjudication Board of the General Administration of industry and Commerce ruled that Jordan's sports registration was eventually maintained.

Since then, the two sides have escalated their war.

Michael Jordan first filed an administrative lawsuit against the first intermediate people's Court of Beijing.

The first intermediate people's Court of Beijing decided to maintain the ruling of the Trademark Review and Adjudication Board.

Michael Jordan refused to accept the case and appealed to the higher people's Court of Beijing, which dismissed the appeal.

The flying man is worthy of flying. Michael Jordan again expressed his disapproval and applied for a retrial to the Supreme People's court.

In December 2015, the Supreme People's Court upheld Michael Jordan's retrial application in accordance with the ninety-first provision (six) of the administrative procedure law of the People's Republic of China (the reason why the second instance decided to omit Michael Jordan's appeal grounds for the thirty-first amendment to the trademark law, 2001), and ordered the case to be reviewed.

It is worth noting that the Supreme People's court finally chose to open the case in April 26th on the World Intellectual Property Day, not only by Tao Kaiyuan, vice president of the Supreme People's court, but also through the entire official hearing process through the official website of the Supreme People's court.

Three party debate

In yesterday's public trial, Michael Jordan (retrial applicant), the Trademark Review Board of the General Administration of industry and Commerce (the respondent) and Jordan sports (the first instance third people) focused on the three party dispute, which focused on whether the registration of the disputed trademarks damaged the surname rights claimed by Michael Jordan, and violated the thirty-first article of the Trademark Law of 2001 that stipulates that the application for trademark registration shall not damage the prior rights of others.

Michael Jordan believes that Jordan enjoys a high reputation in China. The Chinese public can see Michael Jordan and its corresponding pinyin in Chinese. It is easy to associate Michael Jordan with Jordan, while Jordan sports, knowing this popularity, has built up its entire business mode with the subjective malice of Michael Jordan's good reputation.

The use of controversial trademarks has also led to confusion and misrecognition of the public, which has damaged Michael Jordan's name and interests. Therefore, according to the thirty-first article of the trademark law, the disputed trademarks should be revoked.

Michael Jordan also said that the names and trademarks mentioned in Jordan's sports can coexist on the basis of consumers' distinction, and the evidence provided by the applicant has fully proved that the controversial trademark makes the relevant consumers associate with the applicant, and based on this association, it is believed that the relevant commodities have been granted the authorization of the applicant, or there are other specific connections with the applicant.

The Trademark Review and Adjudication Board of the General Administration of industry and Commerce held that Jordan sports applied for the registration of the Jordan trademark in 2000. However, it was not until 2012 that Michael Jordan raised an objection whether or not he knew about the registration of trademarks. However, over the past ten years or so, Jordan sports had been using trademarks for a long time and had a certain reputation. Therefore, it is hard to find Jordan's text and Michael Jordan have the only corresponding relationship in this case.

Jordan sports believes that first, Jordan sports registration application according to law Jordan did not damage Michael Jordan's right to name.

The company's claim that it should be clear or personally used to prove that Jordan's two character is really his name; secondly, Jordan's sports registration of Jordan's trademark is not obviously malicious.

Michael Jordan has long ignored the value of the two words of "Jordan". Jordan sports began to use Jordan business extensively in the late 90s of last century, and made great achievements, and established a stable business group.

In addition, the focus of this case is whether "Jordan" is the name of the applicant or the main body identification symbol. If it is only the main identification symbol, the applicant has no legal basis for using the media to report the Chinese Jordan as the right of name.

Tao Kaiyuan chief judge finally said, because the court trial time is limited, if all parties need to make a statement, they can submit written proxy opinions to the court within 7 working days of the court hearing.

The court then closed.