Recently, the Beijing Intellectual Property Court concluded the case and rejected the claim of the plaintiff Jordan Sports Company.
Because the public in China generally corresponds Jordan with michael jeffrey jordan, a famous American basketball player, whether the trademark of Jordan is deceptive has become the focus of this series of cases. ?
The application for registered trademark was rejected?
It is understood that the defendant Trademark Review and Adjudication Board decided in the prosecution decision that:
Jordan is a famous American professional basketball player. Litigation trademarks are used in various commodities of Jordan Sports, which is easy to mislead the relevant public. According to the provisions of China's Trademark Law, the defendant made a decision to reject the trademark registration application for litigation. The plaintiff Jordan Sports Company refused to accept the decision of the Trademark Review and Adjudication Board and filed a lawsuit in Beijing Intellectual Property Court.
The court held that according to the judgment of the Supreme People's Court on February 7, 20 16 in the case of michael jeffrey jordan v. Trademark Review and Adjudication Board and Jordan Sports Co., Ltd., it was found that:
"Jordan" has a high reputation in China and is well known by the relevant public. The relevant public in China usually refer to michael jeffrey jordan as "Jordan", and "Jordan" has formed a stable corresponding relationship with michael jeffrey jordan.
Michael jeffrey jordan has always been famous in China. In addition to endorsing Nike's "Air Jordan" series products, he also endorsed Gatorade drinks, Hengshi underwear, WheatiesBox cereal and other products that are not directly related to basketball. His popularity is not limited to the basketball field, but has become a popular public figure. ?
The judgment rejected the plaintiff's claim.
The court held that Jordan Sports Company used "Jordan" to apply for the registration of the disputed trademark even though it knew that michael jeffrey jordan had a long-term and extensive reputation in China, which easily led the relevant public to think that the goods marked with the disputed trademark had a specific connection with michael jeffrey jordan, such as endorsement and license, and damaged michael jeffrey jordan's prior name right. ?
In this case, the disputed trademark consists of the Chinese character "Jordan" and the pinyin "Jordan", and the difference is the Chinese character "Jordan".
According to the Supreme People's Court's above identification, michael jeffrey jordan, a famous American basketball player, is a well-known public figure in China, and "Jordan" and michael jeffrey jordan have formed a stable corresponding relationship.
When using the "Jordan" trademark on related kinds of goods, it is easy for the relevant public to mistake the goods marked with the trademark for the trademark, and there is a specific connection with the famous basketball player michael jeffrey jordan, such as endorsement and permission, which leads to a misunderstanding of the source or quality of the goods, which is deceptive.
Therefore, the disputed trademark belongs to the situation that it cannot be used as a trademark as stipulated in the Trademark Law and should not be registered. In addition, the situation stipulated in the Trademark Law is an absolute clause prohibiting the use, so the disputed trademark cannot gain popularity through use and is allowed to register.
To sum up, Beijing Intellectual Property Court cited the Supreme People's Court's earlier effective judgment that the plaintiff's trademark "Jordan" damaged michael jeffrey jordan's prior name right, that the disputed trademark was deceptive, and rejected the plaintiff's claim of Jordan Sports Company.
Chinese and English are still clear.
The news came from Phoenix.