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    The Supreme People'S Court Recently Made A Final Ruling On The Jordan Series Of Trademark Disputes.

    2016/6/29 16:34:00 230

    JordanTrademarkIntellectual Property

    According to reports, the Supreme People's court recently

    Jordan

    series

    trademark

    A final ruling was made in the dispute, which dismissed Michael Jordan's retrial application and upheld the original judgment.

    At this point, Jordan's road to rights protection ended in the 0 - 4 achievements of the three judges of the commercial jury and from the intermediate, advanced to the highest.

    Seeing this result, I can not help thinking of a past 2 years ago.

    One on the coast of West Lake, Hangzhou

    intellectual property right

    At the seminar, a young Post-80 judge from the first intermediate people's Court of Beijing, when introducing Jordan's sports trademark case, suddenly mentioned that he was a basketball fan. He had always thought that Jordan's sport was his idol Jordan. So he bought a lot of things. Until 2012, when he flew to sue Jordan sports, he knew that Jordan sports had nothing to do with Jordan.

    He said he would never forget his surprise, disappointment and anger at that moment. He had been cheated for so many years.

    I am curious to know if the judge will hear the case.

    Of course, the three courts have made the same decision, and the estimate will not change.

    But there should be a handful of people who share the same experience with the young judge.

    We have encountered too much cheating by cottage products in our lives. It is no longer new, but it seems that Jordan's sports are all "imitative" in a nationwide manner.

    Jordan sports applied for a series of trademarks with Jordan. In 2000, Michael Jordan, the greatest basketball player in history, was almost at the height of the day.

    But in the process of litigation, Jordan sports advocates that "Jordan" is only a common American surname. Jordan sports did not have any malware in 2000.

    However, Jordan sports is a sporting goods store, and all the stores are hung with classic signs of basketball flying characters. It is not obvious enough to attempt to catch Jordan on the fly. We should remember that when the Supreme People's court reexamined the case in April 26th this year, the plaintiff lawyers spread the seamless picture of Jordan's dunk photos and Jordan sports logo to the social network.

    In Shanghai and Jordan's name right dispute case, it is said that "Jordan sports" lawyer also said in the trial, Jordan's intention, in Chinese refers to the southern vegetation, not the name.

    The so-called "Joe", Nanshan Yang has wood, Yan, name Joe; Dan refers to the south, the ancient five elements said five colors with five parties, the South belongs to fire, fire Dan, so called.

    Jordan sports is located in Fujian, southern China, named after vegetation. It is the Chinese tradition, such as Mei Lan Zhu Ju and Jordan, who take the high quality of the tree but the Gao Jie character.

    For this reason, the author has been unable to Tucao, but do not forget that Jordan sports also registered with the flying son Jordan's two sons "Jeffrey Jordan" and "Markus Jordan" the Chinese name consistent trademark, it is said that this is Jordan's indignant rights in China.

    I wonder how Jeffrey Jordan and Markus Jordan should be interpreted? Are they the two new varieties of the grass and plants in the south?

    In the judgment, the Supreme Court also pointed out that "whether the relevant logo of Jordan sports will easily lead to confusion among the relevant public, is not directly related to whether the registration of the controversial trademark is in conformity with the eighth provisions of the tenth, first, and the Trademark Law".

    It should be said that if we read the judgments of the courts at all levels, it may seem reasonable. The opinions of the experts who support Jordan's sports also seem reasonable and convincing.

    I just want to humble out that the first law of the trademark law clearly states that the purpose of the trademark law is: "in order to strengthen trademark management, protect the exclusive right of trademark, encourage producers and operators to guarantee the quality of goods and services, and maintain the reputation of trademarks, so as to protect the interests of consumers, producers and operators, and promote the development of socialist market economy".

    Protecting consumers' rights and interests and avoiding misidentification and confusion should be one of the basic functions of the trademark law.

    If we fail to achieve this basic function in accordance with the trademark law, then tell me wisely, where is the problem?

    Some scholars believe that the cancellation of Jordan sports brand will damage the interests of tens of thousands of employees in Jordan sports.

    But is it not worth protecting the interests of the vast number of consumers who mistake Jordan sports for Jordan? Please note that in the first section of the trademark law, consumers are placed in front of producers.

    We also remember that not long ago, when we should severely crack down on counterfeit and shoddy products, employees of fake and shoddy factories often had to eat their opinions.

    Fortunately, the times are always improving. Today, probably no one will argue that this is a reason for making a false impression on the counterfeiters.

    Jordan sports in order to keep their trademarks, all kinds of efforts, all kinds of words to clear up relations with Jordan, and finally succeeded.

    I just don't know how Jordan sports should face the fans who came shopping because of Jordan.

    Jordan has retired for more than 13 years. In fact, how attractive and appealing to Jordan today is also questionable.

    Jordan sports insists that their growth and development have nothing to do with flying people. Anyway, they may not really be able to rely on the fading aura of Jordan to make money, and sincerely hope Jordan sports can walk out of a clear national brand.

    For Jordan, despite repeated defeats on the road to safeguarding rights, it is not meaningless.

    A series of lawsuits related to the massive media coverage and wide spread of social networks have allowed more people to know that Jordan sports has nothing to do with Jordan.

    Watching Jordan grow up after 70 fans are getting more and more middle-aged.

    When they recall that the former superstar brought their youth to their hearts, when they planned to tell their children about the great achievements of the flying year, they would never buy anything for Jordan sports.

    This is perhaps the biggest significance of Jordan's series action.

    And for those who rush to mark the brands of Kobe, Yi Jianlian, Yao Ming and others, they may be able to play a little warning role.

    So, Jordan, thank you!

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