Will The Trademark "Jordan" Be Revoked?

In April 26th, in response to Michael, the retrial applicant

And the respondent, the State Administration for Industry and commerce, the trademark review board and the first instance third people, Jordan sports Limited by Share Ltd.

10 cases of dispute administrative disputes, the Supreme People's court open trial.

P K, the ultimate trademark of "flying man" between Jordan and Jordan, has been launched in Beijing. At present, both sides insist on their respective positions.

Michael Jordan continued to show through the statement that he hoped Jordan sports would "stop using my name, identity and image", while Jordan sports attorney said Michael Jordan's proposal was insufficient.

In response to the retrial, Michael Jordan himself said in a statement: "these cases are extremely important to me.

For many years, Jordan sports has been using my name, identity and image unfairly.

Chinese fans and all consumers have the right to know Jordan sports and its sports.

It has nothing to do with me. "

Michael Jordan, a retrial applicant, is a retired basketball star in the US professional basketball league.

Jordan, the third person in the first instance, is a well-known sporting goods company in China. It has registered trademarks such as "Jordan" and "QIAODAN" in the international classification of goods and services of the twenty-fifth and twenty-eighth categories.

In the court hearing in April 26th, the main controversial points of the parties were two aspects.

The first aspect is the object and legal basis of the right of name advocated by Michael Jordan. The second issue is whether the trademark registration of disputes will damage Michael Jordan's right to name.

Statement

Will the trademark "Jordan" be revoked?

Wang Jun, a senior partner of Beijing Ying Ke law firm, chairman of the Copyright Committee of the China branch of the International Intellectual Property Protection Association, and a lawyer on behalf of Qiong Yao, a lawyer of "meihuatu" v. "Gong lock Liancheng", believes that the case can not be seen in isolation. In the current business environment, it has a typical character.

In the past two years, trademark infringement cases involving celebrities such as Yao Ming and Mo Yan have occurred, and the judicial or trademark administrative organs have cancelled or dismissed trademark registration involving infringement.

Liu Ning, a professor of law school at Fuzhou University for a long time, thinks that on the one hand, Jordan sports may have the intention of striking the ball at the initial application for trademark registration, hoping to open up the market by borrowing celebrities at the beginning of the enterprise. On the other hand, the prior obligee did not apply for cancellation within 5 years after the trademark registration. Objectively, Jordan sports has accumulated considerable market share and competitive advantage in the market after more than 20 years of operation accumulation.

The trademark review board and the court of second instance may take into consideration that the relevant public can distinguish different commodity providers and maintain the existing market interest pattern, and make decisions from the perspective of balance of interests.

Wei Xinju, senior partner of Beijing Da Da law firm, thinks that whatever the conclusion of the case is, it has far-reaching significance. First, it proves that our country attaches importance to intellectual property protection.

Two, from the perspective of trademark law, this is a landmark case. After that, a case similar to the protection of the name right of aliens will become a typical reference case, which will have a great impact on the future judicial practice.

Extension

The shame of Chinese sports brand's Shanzhai

From Jordan's prosecution of Jordan's trademark infringement, the lawsuit took nearly three and a half years.

In October 2012, Jordan sports Limited by Share Ltd in Fujian, China, was planning to enter the domestic A share market, and was temporarily hit by the American NBA star Michael Jordan.

On the grounds of trademark infringement, Michael Jordan filed a dispute application with the business jury. He believed that the registered trademark of Jordan sports infringed his right to name and reputation and so on. He applied to the judges to cancel the registration of Jordan's sports trademark.

This is the beginning of this lawsuit.

It is not yet clear how long Jordan sports will go on the market. But in addition to Jordan's sports, there are still a lot of facts that are riding on the brand of "Jordan".

It is understood that in addition to Jordan sports company "Jordan" as the registered trademark of more than 60 names, more than 40 image trademarks, 32 contain Jordan and his two sons, the names of trademarks, Jordan Armani, Jordan Gucci, Jordan Amani, Jordan Malone, Jordan Malone, and so on a lot of thunder brand also played a "sign" sign to borrow the basketball superstar Dongfeng.