From the surface, it seems that Jordan Sports did lose from the final verdict of the lawsuit, but the outcome of the lawsuit actually had little impact on Jordan Sports, and Jordan Sports had already taken corresponding preventive measures.
First, the interpretation of this lawsuit:
This lawsuit determines that the four trademarks registered by Qiaodan Sports in the past five years are suspected of infringing the sports star Jordan, and requires Qiaodan Sports to cancel them These 4 "Jordan + Graphics" trademarks. You know, in addition to these 4 trademarks, Jordan Sports also has more than 70 available trademarks, which are currently reasonable and legal. Therefore, it seems that only four of them were affected by this lawsuit. Jordan Sports only suffered some skin injuries and was not seriously injured at all.
Second, from the beginning of the lawsuit between Qiaodan Sports and Jordan Sports:
Jordan sued Qiaodan Sports starting around 2012. Since then, there has been endless controversy, but this kind of transnational There are many difficulties and obstacles in the development of the lawsuit. This situation is very unfavorable to the suing party, Jordan, but beneficial to the domestic Jordan Sports side. The convenience of this provides enough time for sign-in sports to make preparations, and even prepare both hands at the same time in case of emergencies.
In general, in most of the early cases regarding Jordan Sports trademark issues, Jordan Sports won the majority. Most of these trademarks have been preserved intact. We will not comment on whether Qiaodan Sports' behavior is immoral for the time being. From a legal perspective, this is the result of Qiaodan Sports' efforts to win during this lawsuit.
Third, in terms of corporate development:
In the long-lasting legal dispute between the two parties, Jordan Sports must have taken precautions and made various preparations to improve corporate management and formulate response measures. Crisis strategy, even if it cannot use any of Jordan's trademarks in the future. As a company, we know that we cannot develop in the long term by relying on imitation or "counterfeiting", let alone develop and grow.
Since the development of Jordan Sports, it is gradually de-“Jordanizing”, making the brand more people-friendly and the quality more reliable.
If we want to make Qiaodan Sports good, strong and big, we can only take the road of improving quality, insisting on innovation and meeting customer needs.
Since 2012, the dispute between American Jordan and China's Jordan Sports has been ongoing, and lawsuits have been filed one after another. The final result of this judgment is not that China Jordan has completely lost the lawsuit. It is even said online that it may face huge compensation. Instead, Jordan Sports has made re-rulings on four registered trademarks in the past five years, requiring Jordan Sports to withdraw the "Jordan + Graphics" trademark. It should be noted that before this, 74 trademarks of Jordan Sports outside of more than five years were reasonable and legal. Obviously, the judgment will not affect the use of Jordan Sports’ existing trademarks, and will not affect the company’s normal operations.
This is the whole story of this incident. To put it simply, trademarks registered within five years have been rejected and revoked. This will not have any impact on trademarks registered within five years and can be used normally. Thinking about how long Jordan Sports has been taking root in China, it can be said to be the leader of domestic sports brands. For American Jordan, this is just a small consolation.
However, in the long run, if an enterprise wants to develop, it must innovate. Whether it is a brand or even a product, it must be constantly updated to adapt to the development of the market. In this way, you can become the last survivor in the increasingly fierce competition. Like China's two giant sports companies Li Ning and Anta, both brands and products are constantly updated. Even the logos have been changed a few times.
In this way, when looking at Jordan Sports, if you continue to use the old trademark in the future, it may be difficult to adapt to the development of the market. The company must still have its own core. If you blindly rely on this opportunistic way to win the market, I am afraid that in the end it will only lead to decline.
Text/Midu Le Basketball Highlights
Although it lost the lawsuit, Jordan Sports won itself development time. For enterprises, time is the most precious. Especially considering the relevant penalties compared to Jordan Sports' earnings over the years, the final result is indeed "insignificant" to Jordan Sports.
The trademark dispute between the two parties lasted for more than eight years, with appeals from the lower court to the Supreme Court.
Qiaodan Sports registered the "Danqiao" trademark in 1991 and changed the company name to Jordan Sports in 2000. In 2012, American NBA star Michael Jordan sued Jordan Sports for infringement of his name rights and requested to cancel his name. item trademark. It was only then that many people discovered that Jordan Sports had no connection with basketball superstar Michael Jordan. Basketball superstar Jordan was "touched" by Jordan Sports.
This lawsuit once plunged Jordan Sports into a brand crisis. However, since it is a cross-border lawsuit, it is not easy to fight. Therefore, this high-profile lawsuit eventually turned into a "tug of war." On the one hand, it is not easy for Michael Jordan to litigate across borders. On the other hand, Jordan Sports has adopted various coping strategies. For example, as the public knows, "Jordan" is the fruit of a red tree, and the silhouette of the trademark is not a basketball, but a table tennis racket.
While actively responding to the lawsuit, Jordan Sports is also working hard to transform and tear off the copycat label. According to the Beijing Business Daily, some Jordan Sports stores have begun to change. The words once labeled "Qiaodan Sports" have gradually shrunk and weakened, and have been replaced by words such as "QDSPORTS" or "BEYOND YOURSELF".
Of course, for many consumers who mistook Jordan Sports for Michael Jordan's personal brand and paid for it, there was nowhere to express their disappointment and loss.
Because even if he lost the lawsuit, the sneakers continued to be sold.
In 2012, retired American basketball superstar Michael Jordan sued China's Jordan Sports for infringement of his name and portrait rights, and demanded that the other party Stop the infringement. From then on, the lawsuit fell into a protracted battle.
In the first trial, Michael Jordan lost the case. The competitive Jordan naturally continued to appeal.
In the second trial, China's Qiaodan Sports lost the case. They later appealed and claimed damages from Michael Jordan to protect his image rights! Because they describe the trademark of Jordan Sports as using a LOGO of an athlete holding a table tennis racket, and the word "Jordan" was obtained from ancient Chinese poetry, and the "Jordan" in Michael Jordan is a surname, not a given name. Michael Jordan claims!
In the third trial, which is now the trial, the court revoked the trademark of Jordan Sports. It was self-comforting to say it was irrelevant. Jordan is one of the top sports giants in the country, with an annual income of hundreds of millions. The trial will definitely bring them huge economic losses!
When many people are growing up, basketball shoes are an unavoidable topic: children like to run, and teenagers like to exert their energy on the basketball court, so a pair of well-fitting basketball shoes is a must. few.
Gradually, the brand of basketball shoes has become an important criterion for many people to choose shoes. There is a very well-known brand in the United States, and that is "Air Jordan". As the "God of Basketball", Michael Jordan has his own independent brand and production line in Nike. His sneakers are expensive, and many of them have become classics, transcending the category of basketball shoes.
It is quite expensive to buy a pair of AJs in China. In this way, if a pair of sneakers is sold very cheaply but still carries the banner of "Jordan", naturally many people will be willing to pay. This is the sales strategy of "Chinese Jordan".
As a copycat product, the sales scope of "Chinese Jordan" is getting wider and wider, and it has even begun to sign NBA players and many CBA players. In the end, the expanded "Chinese Jordan" registered the names of Michael Jordan's two sons as trademarks, which made Jordan angry and started to defend his rights.
Unconsciously, this tug-of-war has been going on for eight years. "Chinese Jordan" has given various magical explanations and won many cases. However, AJ did not give up. They continued to collect materials to prove that "Chinese Jordan" infringed on Michael Jordan's portrait rights, and finally won the lawsuit in April this year.
After "China Jordan" lost the lawsuit, all 25 types of trademarks and logos they are currently using will be withdrawn. This is the most common path for copycat products: at the beginning, they can rely on the public's lack of understanding of things to quickly Expansion, but copycats must eventually be discovered by genuine products and their rights protected. Even though it took eight years, "Basketball God" Michael Jordan still felt the need to do it.
In contrast, Adidas has done a lot more formal things in terms of endorsements and brand promotion. Derrick Rose was originally the number one basketball shoe spokesperson for Adidas, but after a serious injury, he became a role player. Adidas did not despise Rose because of this, and continued to give him full sponsorship, even higher than his annual salary in the NBA. In the end, Rose gradually got out of the predicament and still maintained a high popularity and did a good job of publicity for Adidas.
At this year’s NBA All-Star Weekend, Magic forward Aaron Gordon wore 361-degree sneakers to participate in the slam dunk contest, pushing the brand to the U.S. market. "Chinese Jordan" wants to survive the crisis, but it is actually not too late to turn around now.
In March 2020, the Supreme Court issued a judgment that the "Jordan + Graphics" trademark No. 6020578 on the 25th category of clothing, shoes, hats and socks of Jordan Sports Company was withdrawn, and Jordan Sports lost the lawsuit. Before this lawsuit, the two parties had already conducted dozens of lawsuits. But why is it said that Jordan Sports just lost an insignificant lawsuit?
The latest verdict is a victory for Michael Jordan, but it's not a complete victory. At Qiaodan Sports, it not only registered multiple trademarks such as "Jordan" and "QIAODAN" in the main "clothing, shoes and hats" category, but also registered corresponding trademarks in many other categories. Hundreds of registered trademarks. When Michael Jordan sued, he filed independent lawsuits against different disputed trademarks in many categories at the same time, which led to an increase in the number of litigation cases.
In the past few years, we have seen headlines such as "Jordan case reaches final verdict" from time to time. In fact, it is often a judgment on a certain disputed trademark, which can be regarded as a partial victory or defeat. However, the winning party in these cases often exaggerates the verdict, giving the outside world the illusion that the winner has been completely decided. Overall, in dozens of cases, Jordan Sports won most of them, and Michael Jordan only regained a few victories in relatively minor local battlefields. Therefore, overall, the loss of this lawsuit did not damage the foundation of Qiaodan Sports. It will not affect the continued development of China Qiaodan Sports, nor will it lead to its direct bankruptcy or disappearance.
But judging from the current level of protection of intellectual property rights in China, it cannot last long after all. Jordan Sports uses the intellectual property system to exploit loopholes, and may even achieve periodic success as a result. But in the long run, intellectual property protection will become more stringent and standardized in China. Therefore, although there is a temporary victory, copycats are copycats. They do not change their true nature but rely on others, and they will eventually decline.
First of all, let’s make sure that the latest verdict is a victory for Michael Jordan, but it is far from a complete victory. Many people may know about the court case between Michael Jordan and Jordan Sports, but what they may not know is that the two parties have actually engaged in dozens of lawsuits before. The reason why there is a complicated situation of multi-front fighting is that the nature of most cases is trademark disputes, and the international classification of trademarks includes 45 categories, including 34 categories of goods and 11 categories of services. At Qiaodan Sports, it not only registered multiple trademarks such as "Jordan" and "QIAODAN" in the main "clothing, shoes and hats" category, but also registered corresponding trademarks in many other categories. Hundreds of registered trademarks. When Michael Jordan sued, he filed independent lawsuits against different disputed trademarks in many categories at the same time, which would lead to an increase in the number of litigation cases.
In the past few years, we have seen headlines such as "Jordan case reaches final verdict" from time to time. In fact, it is often a judgment on a certain disputed trademark, which can be regarded as a partial victory or defeat. However, the winning party in these cases often exaggerates the verdict, giving the outside world the illusion that the winner has been completely decided.
Overall, in dozens of cases, Jordan Sports won most of them, and Michael Jordan only regained a few victories in relatively minor local battlefields.
As for what this case involves, it is Jordan Sports' trademark No. 6020578 "Jordan and Pictures". The disputed trademark is approved for use in the International Classification Class 25 "Clothing; swimwear; shoes; hiking shoes; hats; Socks; Belts (for apparel); Dancewear; Wedding dresses; Eye masks for sleeping; Non-slip soles" and other products.
For a sports brand, Category 25 is obviously a more important main battlefield. Of course, theoretically speaking, this judgment does not directly revoke the disputed trademark, but requires in the fourth item of the judgment that "the State Intellectual Property Office shall make a new ruling on the trademark No. 6020578 "Jordan and Pictures"." However, from a practical perspective, this requirement will almost certainly lead to the cancellation of trademark No. 6020578.
So, will the cancellation of trademark No. 6020578 cause a devastating blow to Jordan Sports? The answer may disappoint many people. This is still only a partial victory that is not very important.
It is worth noting that Jordan Sports originally applied for trademark No. 6020578 in 2007. In fact, the predecessor of Jordan Sports applied for the earliest batch of trademarks as early as 1991, and later changed the company name to "Qiaodan Sports" in 2000. As for the trademark they did not apply for until 2007, it was actually a defensive registration. To put it simply, Qiaodan Sports, which started its business by relying on copycats, is also afraid that its trademarks will be imitated by others after it becomes famous. Therefore, out of defensive considerations, it has actively registered several trademarks that look similar to its current trademarks. Trademark pattern. Now even if this defensively registered trademark is revoked, it will not shake the foundation of Jordan Sports.
According to the documents submitted by Jordan Sports when it planned to go public, the registration numbers of the four most important trademarks used by the company in its main business are 3148047, 3148049, 3148050 and 3028870. As long as Jordan Sports still holds these trademark rights, it will still be in a good legal position.
So, if the word "Jordan" also appears in the trademark, why do the Supreme Court have different rulings in different cases? This is related to Article 45 of the Trademark Law, which stipulates: “If a registered trademark violates the provisions of this Law..., within five years from the date of trademark registration, the prior right holder or interested party may request a trademark The review committee declared the registered trademark invalid. "One of the key reasons why Michael Jordan lost in many cases is that the court found that the time when he filed for rights protection was more than 5 years after the relevant trademark registration, so even if his rights protection grounds were established, Still lost the right to win the lawsuit legally.
As for the key to determining the outcome of this judgment, it is still the registration time. As mentioned above, the application for trademark No. 6020578 was in 2007, and Michael Jordan started filing lawsuits on a large scale in 2012, which happened to have not exceeded the five-year time limit. As for those trademarks that were applied earlier and are more important to Jordan Sports, it may be objectively more favorable to Jordan Sports due to the provisions of Article 45 of the Trademark Law.
Seeing now, many people may be disappointed - they originally thought that the Supreme Court's decision would finally give justice to Michael Jordan, but they did not expect that in the end it would only result in an insignificant punishment for Jordan Sports. But in fact, whether it is Michael Jordan or Jordan Sports, the real battlefield is never just in the court.
For example, although Michael Jordan lost more in court than he won, he gained more support from the public through public opinion reports again and again, and at the same time made more people aware of The copycat attribute of Jordan Sports. For Qiaodan Sports, even though they won multiple lawsuits, the company's original plan to apply for listing in 2011 was shelved for a long time, and it missed the opportunity to achieve rapid development through the capital market like competitors such as Li Ning and Anta. .
In the years to come, perhaps we will still see the latest reports of "Jordan v. Jordan" frequently. There is actually no need to be too excited or excited about the verdict itself.
The fact that we can confirm is that in history, some people did use the intellectual property system to take advantage of loopholes, and may even achieve periodic success as a result. But in the long run, intellectual property protection will become more stringent and standardized in China, and even those companies or individuals that are lucky enough to escape legal sanctions will eventually pay various prices for their original sins.
Although we all hope for the rise of national brands, objectively speaking, Jordan Sports is so popular that we cannot praise it. Of course, after nine years of arduous tug-of-war, the Jordan Sports lawsuit has become more famous and saved a lot of advertising fees. This is objectively beneficial. On the other hand, because of its ability to exploit legal loopholes, the current lawsuit has gone from the highest level to the highest level. Judging from the legal judgment, it only lost the latest 4 patent rights, and most of the trademarks and patents were preserved...it had no major impact on the company's operations!
Despite this, I am still ashamed of Jordan Sports’ behavior!
The lawsuit between Jordan and Jordan Sports has been going on for many years. Although more fans tend to support Jordan, after all, Jordan Sports said that Jordan is holding a table tennis racket on the LOGO. It's generous and laughable. Recently, Jordan finally got a win and won the lawsuit. This news also made many fans feel excited, but while they were excited, there was another voice. SO, here comes the question, why is it said that Jordan Sports just lost an insignificant lawsuit? Well, please listen to what I'm going to say in detail.
Why is it said that Jordan Sports just lost an insignificant lawsuit?
This matter starts with yesterday’s lawsuit. The victory of yesterday’s lawsuit made many Flyers fans feel excited. It seems that Jordan Sports can no longer use this name and the LOGO that is suspected of Jordan, but the fact is that Is this so? After the incident, Jordan Sports quickly issued a report in order to stabilize the hearts of his family. This result also greatly disappointed many Jordan fans.
Because the whole process is rather cumbersome, let’s make a long story short. The lawsuit that Jordan won yesterday was not the main logo of Qiaodan Sports and the name of Qiaodan Sports, but the registration of Qiaodan Sports in order to prevent other companies from copying them. Some names and LOGOs similar to those of Qiaodan Sports were the subject of yesterday’s lawsuit. “Flying Man” Jordan won the lawsuit, but he could only prohibit the use of names and LOGOs similar to those registered by Qiaodan Sports. The owner of Qiaodan Sports The name and LOGO will not be affected in any way, so the victory of this lawsuit is really insignificant. Jordan Sports cannot say that it does not care, but it has not harmed its foundation, and Jordan's demands have not been fundamentally resolved.
The lawsuit between Jordan and Jordan Sports has been going on for many years. Although more fans tend to support Jordan, after all, Jordan Sports said that Jordan is holding a table tennis racket on the LOGO. It's generous and laughable. Recently, Jordan finally got a win and won the lawsuit. This news also made many fans feel excited, but while they were excited, there was another voice. SO, here comes the question, why is it said that Jordan Sports just lost an insignificant lawsuit? Well, please listen to what I'm going to say in detail.
This matter starts with yesterday’s lawsuit. The victory of yesterday’s lawsuit made many Flyers fans feel excited. It seems that Jordan Sports can no longer use this name and the LOGO that is suspected of Jordan, but the fact is that Is this so? After the incident, Jordan Sports quickly issued a report in order to stabilize the hearts of his family. This result also greatly disappointed many Jordan fans.
Because the whole process is relatively cumbersome, let’s make a long story short. The lawsuit that Jordan won yesterday was not about the main LOGO of Qiaodan Sports and the name of Qiaodan Sports, but the registration of Qiaodan Sports in order to prevent other companies from copying them. Some names and LOGOs similar to those of Qiaodan Sports were the subject of yesterday’s lawsuit. “Flying Man” Jordan won the lawsuit, but he could only prohibit the use of names and LOGOs similar to those registered by Qiaodan Sports. The owner of Qiaodan Sports The name and LOGO will not be affected in any way, so the victory of this lawsuit is really insignificant. Jordan Sports cannot say that it does not care, but it has not harmed its foundation, and Jordan's demands have not been fundamentally resolved.
Who is at fault in this lawsuit? Maybe different people have different opinions. Whether it's true or not, I personally don't agree with this statement. Jordan's career was earned through his own paranoia, competitiveness, and hard work. No one can succeed casually. Jordan did it with his own efforts. Jordan Sports' approach of standing on the shoulders of giants by standing on the shoulders of giants without any effort is really too much. , in addition to financial problems, this approach inevitably takes other people's efforts too seriously. Because of this, after the insignificant lawsuit, I believe Jordan himself will continue to sue. This matter is not over yet.