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Results of China’s Jordan Brand being sued

Based on the actual situation, in early 2015, the Beijing No. 1 Intermediate People’s Court rejected Michael Jordan’s lawsuit. Michael Jordan appealed to the Beijing High Court, requesting to revoke the original judgment and the sued ruling. Therefore, according to the current situation, there is no result yet in China's Jordan lawsuit. American NBA superstar and "Flying Man" Jordan sued the Chinese brand "Qiaodan Sports" for trademark infringement. The Beijing Higher People's Court made judgments on 32 of the 78 Jordan Sports trademark disputes. The court upheld the first-instance judgment and rejected Michael Jordan’s appeal to cancel the registration of the disputed Jordan Sports trademark.

The spokesperson of Michael Jordan’s legal counsel said, “We regret the court’s decision on the trademark dispute. The purpose of Michael Jordan’s lawsuit is not only to protect his right to name; Consumers should not be misled.”

“We will apply to the Supreme People’s Court for a retrial of the name rights infringement case filed by Michael Jordan against Jordan Sports in the Shanghai Court. The cases are independent, and the name rights infringement case is still under trial."

Michael Jordan said, "I respect Chinese laws and believe that Chinese laws will protect his legal rights and ensure that consumers do not. Misled.”

Qiaodan Sports Co., Ltd. is located in Jinjiang City, Fujian Province, China and is a well-known sports goods company in China. Since 2000, the company has registered multiple trademarks such as "QIAODAN", "Qiaodan", "Qiaodan" and "King Qiaodan" on clothing, shoes, schoolbags and other products.

Michael Jordan believes that the trademarks such as "QIAODAN" and "Qiaodan" registered by Jordan Company infringe on his right to name and portrait and have a negative impact.

According to public media reports, Jordan’s attorney also stated that when the Chinese public sees logos that are the same as or similar to “Jordan” and “QIAODAN”, they will associate them with Michael Jordan himself; Jordan Sports It is against the principle of good faith to apply for registration of relevant logos as trademarks when knowing or should be aware of the popularity of Michael Jordan; the registration and use of relevant disputed trademarks will cause confusion and misunderstanding among the public about the source of the product, disrupting normal social order and produce adverse social effects.

Ma Dongxiao, attorney for Jordan Sports, said: Michael Jordan's own surname is "Jordan", which is a common British and American surname, and the Chinese "Jordan" is one of the common translations, making it difficult to identify "Jordan" There is an inevitable and only correspondence with Michael Jordan. Accordingly, Michael Jordan does not have any prior rights to the Chinese "Qiaodan" and the silhouette image of ordinary basketball dribbling movements. Since its establishment, Qiaodan Sports has gained widespread market recognition and stable market order after more than 20 years of operation. Compared with Qiaodan Sports' use of its trademark, it cannot be determined that the word "Jordan" is related to Mr. Michael Jordan. The corresponding relationship is stronger than that of Jordan Sports. Although Michael Jordan has a high social reputation as a basketball player, it does not mean that his name has relevant rights on goods. The "Jordan" brand, as a legal registered trademark, has exclusive rights for commercial use. .

However, the Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce ruled to maintain a series of trademark registrations of Qiaodan Sports.

Michael Jordan expressed dissatisfaction with this ruling and filed a lawsuit with the Beijing No. 1 Intermediate Court.

In early 2015, the Beijing No. 1 Intermediate People’s Court rejected Michael Jordan’s lawsuit.

Michael Jordan appealed to the Beijing High Court, requesting to revoke the original judgment and the sued ruling.

Regarding the judgment of the Beijing Higher People’s Court, the spokesperson of Michael Jordan’s legal counsel stated that it will apply to the Supreme People’s Court for a retrial.

This is not the first time that an internationally renowned trademark has failed in litigation in China. On the 24th of last month, the Guangzhou Intermediate People's Court ruled in the first instance that New Balance Trading (China) Co., Ltd., an affiliate of the American New Balance company in China, had used the registered trademark "New Balance" of others, which constituted an infringement of the exclusive rights to others' trademarks. Infringement requires the other party to compensate the other party 98 million yuan.