Jordan'S Trademark Right To Fight For The Right Of Name Again For Retrial Or Win The Lawsuit

Many people know that Michael Jordan is the God of basketball. His brand of Jordan has been deeply rooted in foreign countries. He demanded that the name of the trademark case be reexamined, and the re examination will win the lawsuit.

The Supreme People's Court opened the court 26 days to hear the retrial applicants.

With the applicant, the State Administration for Industry and commerce, the Trademark Review Committee, the first instance third people, Jordan sports Limited by Share Ltd trademark disputes administrative disputes 10 cases, the "flying man" between Jordan and Jordan sports trademark PK launched in Beijing, the two sides still adhere to their respective positions.

Michael Jordan continues to express his hope that Jordan sports "stop using my name, identity and image" through the statement, while Jordan sports attorney thinks Michael Jordan's opinion is insufficient.

In response to the retrial, Michael Jordan himself issued a statement saying: "I am very glad that the Supreme People's court decided to reconsider Jordan's trademark dispute on the World Intellectual Property Day.

These cases are of great importance to me.

These years,

I have been using my name, identity and image unfairly, until today, I am still constantly misleading consumers.

I hope that this retrial can stop these illegal acts.

Chinese fans and all consumers should have the right to know the commodities they buy. They have the right to know that Jordan sports and its products have nothing to do with me.

My request is that Jordan sports stop using my name, identity and image.

I respect China's law and look forward to the judgement after the case is heard. "

Ma Dongxiao, an attorney at Jordan sports company, said that in today's trial, we emphasized two problems.

One is his lack of prosecution or advocating.

"Jordan has legal problems as a name, because his name is MICHAELJORDAN (Michael Jordan), Jordan is not only a name.

Moreover, this "name" has never been used in China, which he admitted in related cases in Shanghai.

Then, Jordan's two words are equivalent to the Chinese media for his fingers or symbols.

For example, "Lao Huang" is also a reference, but not a name.

The second point is that if Michael Jordan thought that he had misled the consumers and the law gave him the opportunity to redress, he could have advocated it through legal channels.

He said: "Jordan's trademark began to register in the 90s of last century, and it was used in large scale in 1997. Nike went to the Trademark Office to make 8 objections, but it did not prosecute. In a sense, he acknowledged the conclusion of the business jury.

If I didn't let me use it, I could change it.

But now, after 20 years, my annual sales revenue has been 4 billion, and it is unfair to talk about it again.

In this case, Jordan as a name reference, and I as a trademark, actually coexist for 20 years, the two wells do not make the river water.

One of the basic principles of law is to maintain stable social relations. I think this coexistence is a rational choice.

In addition, Jordan himself has never sold his products in China, and Nike sells "AIRJORDAN".

The price difference between the two sides is very large, and the user group is different, so there will be no so-called confusion.

Jordan trademark case

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 2012, Michael Jordan damaged the right of his name with the registration of "Jordan" trademark, violated the provisions of the Trademark Law of the People's Republic of China on the amendment of the Trademark Law of the people's Republic of China on the "application for trademark registration shall not damage the prior rights of others" and other reasons, and applied to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for an application for revoking the trademark of the dispute.

In 2014, the business jury decided that the reason for Michael Jordan's application for revocation was not valid and ruled that the "controversial trademark should be maintained".

Subsequently, Michael Jordan, who refused to be ruled, brought the business jury to court. 32 of them were indicted for Jordan himself, and 2 were prosecuted for Nike.

Michael Jordan refused to accept the appeal to the higher people's Court of Beijing, and the Beijing High Court ruled that the appeal was dismissed.

Subsequently, Michael Jordan applied for a retrial to the Supreme People's court.

At the end of 2015, the supreme law carried out a reexamination of 68 cases involving the retrial of applicants Jordan and the applicants, the third judges of the first trial, and the disputes over the trademark disputes of the sports Limited by Share Ltd by the.

10 cases were ordered to be reviewed.

The Supreme People's court constituted a collegial panel of five people, headed by deputy president Tao Kaiyuan and chief justice, to hear the case.

The case was heard at 9 a.m.

The presiding judge presided over court proceedings, court debates and final statements.

Prior to this, the Supreme People's court conducted a court hearing in April 19th, organized parties to exchange evidence, made cross examination of new evidence, and initially summarized the controversial issues in this case.

In the 26 day's trial, 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.

The process of "Jordan" trademark dispute