Jordan sues China Jordan; legal experts accuse of misleading consumers
Time: 2012-02-24 08:36:00 Author: Xiaoxiaobai News Source: Dayang Network - Guangzhou Daily Lin Shuhao
Two American NBA superstars, young and old, are mired in the quagmire of their Chinese name trademarks being preemptively registered. Recently, Michael Jordan announced a lawsuit against the Chinese brand "Qiaodan" for infringement, claiming it used his Chinese name without authorization. In response, Qiaodan Sports issued a public statement yesterday stating that as of noon on February 23, the company had not received any notice of litigation from any domestic court.
Coincidentally, a sports goods company in Wuxi, Jiangsu has spent 4,460 yuan to secure two trademarks for "Lin Shuhao," which is troubling the recently skyrocketing Asian-American NBA star Jeremy Lin.
Through a spokesperson, Jordan expressed: "This Chinese company has built its business on the Chinese phonetic translation of my name, and now they are even using number 23 (the jersey number Jordan wore when playing), and they even plan to use my son's name, which makes me extremely disappointed and angry."
Qiaodan Sports:
No Notice of Litigation Received Yet
Yesterday afternoon, Qiaodan Sports Co., Ltd. sent our newspaper a statement responding: "As of noon on February 23, our company has not received any notice of litigation from any domestic court. The Chinese 'Qiaodan' trademark is a registered trademark that our company applied for and enjoys exclusive rights under Chinese law, and the lawful use of registered trademarks is protected by our country's laws." It also stated that if there are further developments, they will provide further explanations through the company's official website.
Local Development with Celebrity Ties
It is understood that Qiaodan Sports developed from the Chen Dian Xibian Daily Necessities Factory No. 2, established in 1984 in Jinjiang, Fujian Province. The controlling shareholder is Fujian Baiqun, holding a stake of 64.73%, with Mr. Ding Guoxiong and Mrs. Ding Yezhi as the actual controllers. As of June 30, 2011, Qiaodan brand specialty stores totaled 5,715, becoming one of the leading domestic sports goods brands alongside Anta and Tebu.
The prospectus of the company revealed that the main "Qiaodan" trademark was registered around 2003. Currently, the company has no commercial cooperation relationship with Michael Jordan, nor has it used his image for corporate or product promotion. There are no disputes or potential disputes between the company and Michael Jordan.
Many consumers have expressed that they were misled by Qiaodan Sports' trademark. A netizen said, "I always thought Qiaodan Sports was a brand authorized by Michael Jordan."
Will "Lin Shuhao" Repeat "Qiaodan"'s Fate?
Trademark Preemptively Registered by Mainland Company
Legal Views on "Qiaodan" and "Lin Shuhao" Trademarks Being Preemptively Registered
"Qiaodan" Case
Pro Argument:
Shenglun Law Firm, Guangzhou
Lawyer Liu Jicheng:
Michael Jordan is suing Qiaodan Sports for suspected infringement of his right to his name. In mainland China, many people naturally associate "Qiaodan" with basketball legend Michael Jordan. Moreover, the main trademark of Qiaodan Sports is an image of a dunk, and related products are mainly in the sports goods sector, suggesting that Qiaodan Sports is suspected of misleading consumers. At the same time, Qiaodan Sports also uses the Chinese names of Michael Jordan's two sons as product trademarks, possibly leveraging the fame of the basketball legend to expand the influence of their own company and products.
Con Argument:
Other Legal Experts:
The acquisition of the "Qiaodan" trademark is legal, and the key issue in this case is whether Jordan can prove that the term "Qiaodan" refers specifically to the basketball player "Michael Jordan," which would require substantial evidence. The inherent distinctiveness of the "Qiaodan" trademark is relatively low, and only through good management by Qiaodan Company can the reputation and goodwill of the "Qiaodan" trademark be enhanced, thereby consolidating its trademark rights and eliminating potential risks.
"Lin Shuhao" Case
Pro Argument:
Other Legal Experts:
Currently, many companies in the market preemptively register trademarks to make quick profits, buying them and then reselling them immediately; some use them to operate businesses, which carries risks but also involves investment and returns because they leverage the names of celebrities to open markets in the early stages of business operations, out of practical considerations. Since this trademark involves malicious preemption and infringes on others' rights to their names, the Trademark Review and Adjudication Board should revoke the registration of this trademark; otherwise, it will lead to a series of adverse consequences and legal disputes.
Con Argument:
Guohao Law Firm, Guangzhou
Lawyer Zou Zhifeng:
Jeremy Lin is currently "red-hot," and whether the trademark rights have caused damage to Lin's right to his name needs to be viewed from several layers. First, he has already registered it, and before it is revoked, he legally owns the trademark. Second, if Lin raises objections, whether it is illegal cannot be determined until the Trademark Review and Adjudication Committee makes a ruling. Third, assuming that this trademark causes damage to Lin's right to his name, the trademark rights will be revoked.
