“Chinese Jordan sued U.S. Jordan infringement! Claim 1 million 100 thousand yuan!”
Beijing on July 19th news, between China Jordan sports company and U.S. basketball star Michael Jordan is the United States after renewed strife, Jordan sued Chinese Jordan, and recently, China Jordan will Jordan taken to court, claims 1 million 100 thousand yuan.
Event background:
China Jordan sports company is the Thirteenth National Official partners, a letter of attorney and U.S. basketball star Michael Jordan authorized lawyers issued to the Tianjin Municipal Sports Bureau and the National Committee of the China Jordan company that the lawyer’s letter. The famous reputation infringement, so Michael Jordan and his authorized court lawyer claims.
Beijing court network published the case that:
Michael Geoffrey Jordan (Jordan) authorized Shanghai Fangda (Beijing) law firm (hereinafter referred to as Beijing Fonda) to the Tianjin Municipal Sports Bureau, the Thirteenth National Games Organizing Committee issued a lawyer’s letter, recently, Jordan sports Limited by Share Ltd (hereinafter referred to as the Jordan sports company) and Jordan renewed strife. Because of that letter structure reputation infringement, Jordan sports company Jordan, Fonda Beijing to court to stop infringement, apology, rehabilitation, and claim the spirit of solatium, 1 million 100 thousand yuan rights fee.
Jordan sports company complained: “our company was established in 2000, and has been operating for nearly 17 years. After more than 10 years of development, it has become a well-known sports brand enterprise in china. The main use of the company’s “Jordan” brand and products, has been identified as the national “well-known trademark”, “Chinese brand”, “national Mianjian products”, our company for many years to obtain national and provincial honors, was awarded the “2013 national market sales of similar products in the top four, similar products for the year 2014 comprehensive market share of top five” hundred awards.
In addition, I also actively support the construction and development of sports events, to become partners, sponsoring sports equipment support for a number of national and provincial and municipal sports team, a positive commitment to social responsibility, the cumulative donations of more than two hundred million yuan, enjoy a high reputation, and establish a good social image.
Our company registered and used Jordan, QIAODAN and related graphics trademarks, of which the main use of the “Jordan” trademark was identified as “well-known trademarks” and “Fujian province” well-known brands”.
In June 1991, Jordan authorized Nike innovation limited partnership to apply for the registration of “MICHAEL JORDAN” and related graphics trademarks. However, Jordan has interfered with our company’s operation, and brought 78 malicious lawsuits against our registered trademark, which has led to serious economic losses and adverse effects on our company.
In February 9, 2017, Jordan authorized Beijing Fonda to the Tianjin Sports Bureau and the Thirteenth National Games Organizing Committee market development department issued a lawyer’s letter. Jordan sports company believes that the lawyer’s letter to the objective facts and judgment error description and summary, misleading court judgments for malicious content, the company made disparaging comments or even malicious slander, in an attempt to make the Tianjin Municipal Sports Bureau and the National Games Organizing Committee to terminate the cooperation between the two sides; the lack of professional Beijing Fonda and rigorous, misleading, damage the company’s reputation confuse right and wrong.
Jordan sports company said, Jordan has filed 78 cases of trademark disputes administrative disputes, as of the date of the letter issued by the lawyer, only 3 cases, the judge, the jury re decision, and the remaining cases Jordan lost. But the lawyer’s letter deliberately misled others into thinking that our company’s trademark had been completely revoked.
In these cases, there are 57 cases have been ruling the Supreme People’s court for retrial, to maintain the high court of Beijing decision, Jordan dismissed the application for retrial, these cases involve the trademark system I use the Jordan characters, Pinyin and graphic trademarks, including the use of the trademark in the national games. The ruling confirmed my company registered trademark “Jordan” and the elements do not exist on the negative, the negative impact of the social public interests and public order, do not belong to disturb the trademark registration order or damage the public interests, illegal occupation of public resources or otherwise seek illegitimate interests; Jordan does not enjoy the name right on the graphics and “QIAODAN”.
In addition, there are 10 cases by the Beijing High Court of second instance, has rejected Jordan’s appeal and upheld the original verdict; 8 cases are in the trial, but the second instance is the high court of Beijing Jordan dismissed the appeal and upheld; the other 3 cases the Supreme Court ruling only judges to make a new ruling, three trademarks and relates to only my company registered “defensive trademark”, does not use in the management of trademarks, will not be used in the games.
Jordan Fonda Beijing issued by the authorized lawyer’s letter did not explain the overall situation of litigation, the bad judgment to conceal the Supreme Court, the high court to Beijing, causing people mistakenly think that all of our trademarks are convicted of revocation, related to trademark use will lead to suffer adverse effects in the games the National Games, the lawyer’s letter misinterpreted the contents of the judgment of the Supreme Court, which seriously misleading, has obvious subjective malice. For example, Jordan sports company said in the indictment, the lawyer’s letter will trademark administrative dispute called trademark revocation case, the judges will be required to make a new ruling verdict that is due to the registered trademark name right infringement shall be revoked. Jordan sports company believes that the above statements one concept, third party, have lost seriously misleading the professional legal services should be in violation of the provisions of the “and rigorous, the Beijing Lawyers Association standard practice guidelines” No. sixth, severely damaged the reputation of the company, the company legal failure and third parties, against the legitimate rights and interests.
To sum up, Jordan sports company believes that the existence of a large number of letters inconsistent with the facts, does not comply with the Supreme Court, the Supreme Court judges will referee one concept, deliberate misinterpretation, misleading for the judgment of the court, and many of the company’s disparaging evaluations and even malicious slander, damage the company’s reputation. The lawyer’s letter is issued, the third party has the relevant matters concerned, inquiry, leading to social evaluation of the company decreased, suffered huge losses, it is taken to court, asked Jordan, Fonda Beijing to immediately stop the infringement, withdraw the lawyer’s letter, a public apology, restore reputation, eliminate the influence, and compensation for mental solatium 1 million yuan and 100 thousand yuan rights fee.
It is reported that Beijing Chaoyang Court has formally accepted the case. At present, the case is under further investigation.
http://www.bestchinanews.com/Sports/16106.html, 2017-07-20 00:53:28
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