At Last, Andrea Was Not Allowed To Be Taken To Court By The "Shanzhai" Of Fujian Ting Feilong Sports

The second largest US market in China: "Shanzhai great power" China.

Group Under Armour Inc. (NYSE:UA)

Finally can not bear to be "Shanzhai", this week will be Fujian.

Sports are taken to court.

According to the statement on Wednesday June 29th Under Armour Inc., Fujian and its Chinese subsidiaries have filed a trademark infringement and unfair competition lawsuit against the Fujian Provincial Higher People's Court on June 27. The object of the lawsuit is Fujian Ting Fei Long sporting goods Co., Ltd. and its associated company Andrew (China) Limited.

Under Armour Inc. Andrew said in a statement on Wednesday that it would ask the court to issue a ban, award damages (at least one hundred million yuan) and other legal relief measures, and also take corresponding legal actions through the China Trademark Office and the Hongkong company registry respectively.

In April 26, 2016, Fujian Ting Fei Long Sports held a grand "Fujian" conference in Jinjiang, Fujian, and launched the two brands of "Uncle, N," and "N".

The release of the press conference has been questioned. In social media, netizens have Tucao two brands: Shanzhai American brand Under Armour Inc. Andrea and New Balance Athletic Shoe Inc. new Bai Lun.

After the incident, new Ande trade (China) Co., Ltd. and Under Armour Andrea China Trading Co., Ltd. (Shanghai) Limited indicated that they had noticed the action of Fujian Ting Fei Long sports. Both companies expressed great concern about the matter and denied that they had any commercial contacts and related cooperation with Fujian Ting Fei Long sports company. The two sports giants China said they would hand over this matter to the legal department of the company and make continuous attention and follow up on the development.

According to the press conference of Fujian Ting Feilong sports conference in April, the company, through the market investigation, accounted for 8:2 of the sales of N brand and other brand shoes, and even accounted for 9:1, which had a huge sales force. Moreover, many agents and terminal franchisees who made N shoes brands in the market were out of stock seriously, and all kinds of positive phenomena prompted the sport to seize opportunities and develop the market.

Professionalism, strength, credibility, entrepreneurial dedication and business philosophy are all brand competitive advantages.

There is no doubt that the data of "8:2 And 9:1" are not only groundless. Even if it is right, it can not be the N brand of Fujian Ting Fei Long sports. New Balance's share in the Chinese sports shoes market is not only inferior to that of the two giants of Nike Nike, Adidas Adidas, or even Anta, which belongs to the Jinjiang department.

Fujian Ting Feilong sports this time vigorously promotes the so-called two big brands, regardless of the information conveyed from the conference and the brand logo are quite ambiguous, therefore, the netizen's question to the company is not surprising.

Fujian Ting Fei Long Sports "Uncle Martian anmar" brand Logo and the United States Under Armour Andrea are very similar, from LOGO main design to font, there is a serious imitation trace.

It is reported that the tort lawsuits are not simple, and it is necessary to clarify the following facts:

1. Trademark issue

Uncle Martian trademark image has been applied for registration by Ma Chen Bing in 2004. The trade mark was pferred in April 22nd this year, and it may be held by Fujian Ting Fei Long sporting goods Co., Ltd.

Under Armour Inc. and its associated companies have Under Armour Andrew's trademark rights in China and English.

2. Company name problem

Under Armour Inc.'s Chinese company is Ande Arab Trading (Shanghai) Co., Ltd.

Andemar (China) Co., Ltd. is a Hongkong company founded in March 29, 2016. The company is numbered 2352969. The company is a related company of Fujian Ting Fei Long sporting goods Co., Ltd.

The chairman of Fujian Ting Feilong sporting goods Co., Ltd. is Huang Yesong. The legal representative of the company was changed from Huang TSE Chung to Liu Huizhu in June 7, 2016.

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In April 20, 2016, Andemar (Xiamen) Trading Co., Ltd. was registered in the Xiamen free trade area. The legal representative is Huang Zhimin. The business scope includes textiles, knitwear and raw materials wholesale, clothing wholesale.

Under Armour Andrew spokesperson, NBA star Stephen Curry Stephen Curie series basketball shoes

After sorting out the trademark issues of Under Armour Inc. and Fujian Ting Feilong sporting goods Co., Ltd., and Under Armour Andrea and Uncle Martian, the company can also be established by the non Under Armour Inc. related company, and the Chinese and English trademarks of the Uncle Armour, Anke Martin can also be registered. Therefore, the focus of the case is whether or not the trademark of the company can be infringed upon.

Given that Nike Inc. (NYSE:NKE) Nike group's Jordan brand has repeatedly failed in sports litigation against Chinese sporting goods company Jordan, and Apple Inc. NASDAQ:AAPL (Apple Corp) recently and Bai Li Marketing Services Co., Ltd. on iPhone 6 alleged infringement of mobile phone 100C patent cases, Under Armour Armour Andrea lawsuit will not be flat.

In 2012, the well-known media in China published the article "Jordan brothers" in Jinjiang, and took inventory of Jinjiang's Shanzhai sports brand industry chain.

The article says, in Jinjiang, "Kobe sports", "Yao Ming", "Yi Jianlian" and other brands were registered by more than one enterprise, and said that the Jinjiang sports brand has "three axes", the first axe is the above naming the imitation mark; the second axe is asks the star to endorse; the third axe is that does not spend the money to take money to smash the advertisement.

For Fujian Shanzhai sports brand cluster phenomenon, Quanzhou Yung high sporting goods company vice president of marketing, Lu Yao, the characteristics of Jinjiang businessmen summed up as "rich people earn, you can I can; let things happen first" and think that these three philosophies have created a unique image of Jinjiang brand.

It is said that after the success of Jinjiang brand Anta, Jinjiang and Quanzhou came up with brands such as Kang Tai, Bei Tai, Rui Ting, anti step, quality step, new step, steady step, build step, country step, Yu Tai and so on. It is called X (with Nike), X di (with Adidas) and X step (with Reebok).

Fujian Ting Fei Long Sports "Uncle Martian, Anke Martin" and "N brand" two brands also attracted the attention of reporters. The media released the investigative article "the Jordan case" pending "Shanzhai wind" again, said that when the Supreme People's court had not yet made judgement on the "Jordan" trademark dispute motion, a new sports conference of a sporting goods company in Fujian was "paying tribute" to the famous sports brand New Balance and Under Armour products, which quickly increased to a hot spot on the Internet, and again aroused the concern and suspicion of "Shanzhai brand", "design follow suit" and "scratch ball" again and again.

Besides the Xinhua news agency, many famous international media such as the Losangeles times have also reported this "corporate culture" with Chinese characteristics.

However, the brands like "Uncle Martian", "N" and "N brand" are very difficult to match with counterfeit goods before their imitated brands are lawless and litigations are successful, and similar brands appear on the market in China. They are even an important driving force for China's economic growth for a long time. However, as China's economic growth slows down and the government is committed to the pformation of manufacturing industry, the competitiveness of such practices will gradually weaken. In fact, Jinjiang's new brands are hard to get any more famous brands today.