Chinese Companies Will Lose The "Jordan" Trademark.

According to the world clothing and shoe net, after four years of litigation seesaw, Chinese companies may eventually lose "

"Trademark."

In December 8th, the Supreme People's court pronounced that Jordan's sports Limited by Share Ltd (hereinafter referred to as "Jordan sports") violated the trademark rights law of the United States basketball star Michael Jordan, violating the trademark law, and should rescinded the right to use Jordan's trademark.

In fact, Jordan sports, which passed the listing application in November 2011, suspended the listing because of the dispute of "trademark".

Today, it is likely that the "Jordan" trademark will be lost again, which will cause a great impact on Jordan's sports, and its long listed road may also regenerate.

Reversal of litigation

According to the Supreme Court judgement, Michael Jordan has the right of name for Chinese "Jordan".

The registration of Jordan's sports dispute trademark has damaged Michael Jordan's Chinese "Jordan" name right. Violation of the trademark law stipulates that "the application for trademark registration shall not damage the prior rights of others" shall be revoked, and the Trademark Review and Adjudication Board shall make a ruling on the reversion of the trademark.

But Jordan himself pinyin "QIAODAN" does not enjoy the right of prior name.

The judgment also reversed the lawsuit.

At the same time, the Supreme Court held that in addition to applying for the registration of disputed trademarks, Jordan sports and its associated companies have also applied for registration of a series of other trademarks closely related to the retrial applicants. For example, the names of Michael Jordan's two children and their registered Chinese phonetic alphabet, and Jordan's sports will be basically identical to those of Michael Jordan's body outline as a constituent element. They have applied for a number of registered trademarks individually or with Chinese "Jordan", pinyin "QIAODAN" and Michael Jordan's jersey number "23", all of which highlight their subjective malice.

Jordan and Jordan have been in bad physical relations for a long time.

It is reported that in 2012, Michael Jordan filed an application with the Trademark Review and Adjudication Board of China's State Administration for Industry and Commerce on the grounds of the registration of Jordan's sports dispute trademark and damaged his right to name. He asked Jordan to cancel the controversial trademark but did not receive support. The Trademark Review and Adjudication Board decided that the dispute trademark should be maintained.

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

After that, Michael Jordan appealed to the higher people's Court of Beijing and was dismissed.

In 2015, Michael Jordan applied for retrial to the Supreme People's court.

On the 8 th of this month, the Supreme Court heard the case publicly and declared the final judgment.

About one hour after the sentencing, Jordan sports issued a statement on the judgment of his official micro-blog, respecting the retrial ruling made by the Supreme People's court, and said that the 10 trademark of this ruling is a defensive trademark whose registration time is less than five years, and it will not affect the commercial standard currently used by the company.

At the same time, it was suggested that it should avoid public confusion and advert products.

In the promotion activities, we should pay attention to distinguish "nationality".

Jordan has gained tens of millions of users' trust and support in the market.

Jordan himself, after learning of the verdict, released an open letter to the media: "I am glad to see that the Supreme People's court has recognized my right to protect my name in the judgment of Jordan's sports trademark dispute."

He also said in an open letter: "over the past 30 years, I have made my name and reputation become an internationally famous brand.

From my early career in NBA to my trip to China last autumn, millions of Chinese fans and consumers have known my Chinese name "Jordan," and today's ruling has let every Chinese fan and Chinese consumer know that Jordan sports and its products have nothing to do with me.

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Borrow "Jordan" to expand rapidly

Jordan sports predecessor is Jinjiang Fujian Jinjiang Chai Tai brook daily necessities two factory, was founded in 1984, in 2000, officially renamed "the Jordan sports", mainly engaged in Jordan brand sports shoes, sportswear and sports accessories design, research and development, production and sales.

In 2002, Jordan sports gained the exclusive right to trade mark 1786227th "Jordan QIAODAN".

In order to expand the influence of "Jordan" trademark, since 2007, Jordan has sponsored sports games at home and abroad.

In the 2008-2011 year, Jordan sports became a partner of CCTV basketball game for four consecutive years. In 2008, Jordan sports formed a strategic partner with the Chinese University Student Sports Association, and became the twenty-fourth, twenty-fifth World University Winter Games, the twenty-fifth, twenty-sixth China World Summer Games, the Russian delegation, and the equipment sponsors.

At the same time, Jordan sports also quickly layout foreign sports market.

In 2010, Jordan sports became the official partner of the FIBA FIBA (global) franchise product. In the 2009-2010 year, Jordan sports successfully signed the three Olympic Committees of Mongolia, Kazakhstan and Turkmenistan, and became partners of the three Olympic committees. It appeared in the 2010 Asian Games in Guangzhou and the London Olympic Games in 2012.

In 2011, Jordan sports became the world's top official partner of the Lanzhou International Marathon and Zhuhai International Marathon. In 2011, Jordan became the senior partner and equipment partner of China's twelfth Winter Games. In 2013, the two Grand Slam winner, Russia's tennis star Kuznetsova signed the contract with Jordan sports to become her spokesperson.

Through naming and sponsoring various competitions, Jordan sports has gained rapid development.

According to Jordan sports previously announced earnings, in 2008, the income of Jordan sports was 1 billion 135 million yuan, income doubled to 2 billion 279 million yuan in 2009, increased to 2 billion 912 million yuan in 2010, in 2011 only in the first half of the year, the income reached 1 billion 701 million yuan.

Jordan sports official website shows that Jordan sports has achieved annual sales revenue of nearly 4 billion yuan, net profit of over 600 million yuan, more than 6000 brand stores opened in the whole country, and a large scale marketing network has been established in the country. The brand monopoly shop has covered 31 provinces, municipalities directly under the central government and autonomous regions nationwide.

With the rapid development trend, Jordan sports began to seek A share listing.

In November 25, 2011, Jordan sports passed smoothly, plans to be listed before the end of March 2012, is expected to issue 112 million 500 thousand shares, will raise 1 billion 64 million yuan.

The listing process of Jordan sports has also attracted wide attention due to the identity of "A share sports shoes and clothing first stock".

But in February 23, 2012, Michael Jordan's infringement of Jordan's sports completely disrupted the rhythm of the latter's listing.

The way or variable of listing

After the supreme law was declared, Jordan sports commissioned agent MA Dong Xiao publicly stated that the 10 cases of the sentencing were a small part of 68 "Jordan" trademark disputes cases.

"The four most important trademarks used by Jordan sports in the current main business are not in the 10 cases mentioned above. For Jordan sports, today's sentencing will not affect its future operation."

Ma Dong Xiao said, "the trademark" Jordan ", which was sentenced to be revoked today, is not in the main business of Jordan sports.

It is undeniable that the rapid development of Jordan sports has the suspicion of basketball star Michael Jordan.

In the Supreme Court hearing, according to the two survey reports by the court based on the zero survey company, interviewees questioned 85% and 63.8% of respondents' questions about Mike Jordan when they mentioned Jordan, the first thing they thought of was respondents. Only 14.5% or 24% of respondents answered the idea of Jordan sports.

Analysis of the industry, if the loss of "Jordan" trademark, for Jordan sports can be a great injury.

In addition, Jordan sports said in the statement that the ruling will not affect its main business, but the infringement judgment may still impact its IPO process restarted in April.

Qiu Baochang, lawyer of Huijia law firm in Beijing, told reporters: "honesty and trust of listed companies and compliance with laws and regulations are very important.

If Jordan sports does not stop infringement, it will definitely have a great impact on its later listing. "

The decision made by Jordan sports does not affect its continued use of "Jordan". Qiu Baochang said: "it is illegal to use Jordan again as a trademark.

Whether or not these two words are used will lead to misidentification, mispurchase, alleged infringement of consumers' rights and interests, and whether real Jordan companies are suspected of unfair competition.

Kang Lanxin, Dean of the school of dress and collocation, said: "if you are sentenced to infringement this time, if Jordan's sports need to change the trade mark or LOGO, it will have a huge impact on the company to recall products and destroy products on a large scale, and it will also affect the process of listing."

At the same time, the Supreme Court's judgment on the "Jordan" trademark will have a warning and deterrent effect on "bundling stars", "Shanzhai", and making consumers mistaken for brand names.

More interesting reports, please pay attention to the world clothing shoes and hats net.