Eight Years Of Trademark Dispute Win Jordan Sports "Shanzhai" Hat Is Still Difficult To Pick

In October 27th, it was reported that China sports brand Jordan sports Limited by Share Ltd (hereinafter referred to as Jordan sports) will take part in the China International Fashion week. However, the China Commercial Daily reporter found that although the Supreme People's Court of China ruled that the trademark of Jordan sports did not damage the portrait right of international star Michael Jordan, it was still not easy for Jordan sports to remove the "Shanzhai" hat, and the road of brand upgrading was also faced with many difficulties.

　　 The seesaw battle between "American Jordan" and "China Jordan"

In October 16th this year, the Supreme People's Court concluded Jordan's trademark dispute and decided that Jordan's sports trademark did not damage Michael Michael's portrait right. The Supreme People's court held that the trademark of Jordan sports did not embody Michael Jordan's personal characteristics and was not identifiable, and did not constitute a damage to the right of portrait.

Jordan sports registered the "Dan bridge" trademark in 1991 and changed the enterprise name to Jordan sports in 2000. In 2012, Michael Jordan sued Jordan for violation of his right to name and asked for the cancellation of many trademarks. Around the Jordan trademark infringement, the two sides fought a protracted lawsuit.

In February 2012, Michael Jordan sued Jordan's sports on the grounds of "the registration of a trademark dispute impairs his right to name". He said that the purpose of this action is to protect the right of name and brand that I have, not money. In March 2012 and October, the Trademark Review and Adjudication Board of the General Administration of industry and Commerce of China rejected Michael Jordan's trademark revocation application two times, and clearly stated that "Jordan" is not the name of Michael Jordan. Jordan's sports registration uses Jordan's trademark and does not infringe on his right to name.

In 2015, Michael Jordan applied to the Supreme People's Court of China for retrial. In December 2016, the Supreme People's court ruled that the Trademark Dispute Adjudication Board of the State Administration for Industry and commerce should be revoked. In October 16th this year, the Supreme People's Court concluded the trademark dispute case of Jordan company and decided that its trademark did not damage Jordan's portrait right.

　　 Lawsuit impeding Jordan's sports brand upgrading

According to media reports, this year is the key time for Jordan sports to make IPO. According to the official website information of China Securities Regulatory Commission, in April this year, the application of Jordan sports to be listed on the main board of the Shanghai stock exchange has passed the first instance. It is reported that at present, Jordan sports is in a normal queuing state. If it goes smoothly, Jordan sports is expected to enter the A share market at the end of this year or early 2020.

In fact, as early as November 2011, the China Securities Regulatory Commission first approved the listing application submitted by Jordan sports. At that time, the industry once thought that Jordan sports is likely to beat Anta and Lining, becoming China's first sporting goods company to enter the domestic A share market. However, Jordan sports was blocked by a petition by Michael Jordan.

According to the regulations on the management of initial public offerings and listing, the issuer must meet the conditions of "no significant debt repayment risk, no guarantee, litigation, arbitration or other important matters" that affect the continuous operation. Obviously, Jordan sports at that time did not satisfy the above conditions. In November 2014, the China Securities Regulatory Commission also made it clear: "there are major outstanding decisions in Jordan sports. I will push forward the follow-up work according to the procedures after the relevant limited factors are eliminated."

During the time when Jordan's sports got involved in trademark disputes, Anta, XTEP and 361 degree sports companies were listed successfully.

Li Yahui, a clothing industry expert, told the China Commercial Daily reporter that although the decision lifted a major obstacle to the listing of Jordan's sports, it delayed a lot of time. At present, Jordan sports is facing a dilemma. If we continue to use the "Jordan" logo, it is hard for consumers to think that this is a "Shanzhai" brand. But if we give up completely, it means that we need to re create the new logo. This is a very difficult matter. He believes that the eight years of the logo for Jordan sports in the future brand upgrade has not much help, it can be described as "tasteless food, abandoned a pity."

In the course of understanding the situation to consumers, the Chinese Commercial Daily reporter found that some consumers could not distinguish the difference between Air Jordan and Jordan sports. The other part of consumers could distinguish the difference between them. But most of them believed that Jordan sports was a Shanzhai brand and would not buy the brand product.

At present, many Jordan sports stores highlight the "QDSPORTS" logo and weaken the "Jordan" Chinese character logo.

Chinese Commercial Daily reporter tried to contact Jordan sports public relations department, whether it will completely change Jordan sports logo and future development direction and other issues to understand the situation, but as of press time has not yet received a reply.

Li Yahui believes that China's sports industry is at a stage of rapid development, and both the government and enterprises are exerting their efforts in sports consumption. Jordan sports change is not only to eliminate the impression of "Shanzhai", but also to grasp the development opportunities under the new draught.