乔丹起诉中国鞋企。。。# Stock
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唯冠,归真堂,乔丹。。。这些中国企业真他妈一个赛一个的丢人!
http://online.wsj.com/article/SB1000142405297020477860457724099
Michael Jordan Sues Chinese Sportswear Company
By LAURIE BURKITT
BEIJING—Basketball star Michael Jordan sued a Chinese sportswear chain,
saying it improperly uses the Chinese pronunciation of his name—the latest
dispute over intellectual property in China.
Qiaodan Sports Company Ltd. has been profiting by illegally using "Qiaodan,"
the Chinese version of his name, on its marketing materials and products
since the 1980s, Mr. Jordan said in a prepared statement Thursday. Qiaodan
is pronounced roughly as cheow-DEN. The suit, filed in China, also says
Qiaodan Sports has improperly used his jersey number, 23.
Qiaodan Sports, based in the coastal province of Fujian, sells athlete-
branded basketball shoes and jerseys in its 5,715 retail outlets in China
and is preparing to raise 1.1 billion yuan ($175 million) in a public
listing in Shanghai.
The company said it has the exclusive right to the Qiaodan trademark and is
operating "in accordance with Chinese laws." A Qiaodan Sports spokesman
declined further comment.
"I feel the need to protect my name, my identity, and the Chinese consumers,
" Mr. Jordan said in a video on a website devoted to his claims against
Qiaodan Sports. "It's not about the money. It's about principle—protecting
my identity and my name," he said. Any damage award would be invested in
promoting basketball in China, he said.
Naming rights and trademarks long have been issues in China, but they've
been in the spotlight recently as foreign companies rush in to tap a growing
consumer culture. Apple Inc. is in court in China over whether the company
holds the trademark for the iPad name.
Many sports companies also are looking to capitalize on the sudden
popularity of U.S. National Basketball Association surprise standout Jeremy
Lin, selling T-shirts and jerseys with his name on them. China's Wuxi
Risheng Sports Utility Co. says it reserved the rights last year to use his
Chinese name, Lin Shuhao.
Qiaodan Sports first registered for the rights to use Mr. Jordan's Chinese
moniker in 1997, when it also applied to use the name with the logo of a
baseball player at bat, according to the trademark office of China' State
Administration for Industry and Commerce. The company posted a profit of 341
.5 million yuan on 1.7 billion yuan in revenue for last year's first half.
Mr. Jordan doesn't hold a registered trademark for his Chinese name in China
, but legal experts said that might not matter. In most cases, Chinese law
protects parties who hold registrations and who file early for them, but a
provision says businesses can't freely use the names of famous people, even
if the people don't have a registered trademark.
A Chinese court in December ruled for former NBA player Yao Ming, who
challenged Wuhan Yunhe Sharks Sportswear Co. for using his name and the logo
"Yao Ming Era" on its products. The company was forced to stop using the
name and to pay damages of 300,000 yuan. Another NBA player from China, Yi
Jianlian, last April prevailed over defendant Fujian Yi Jianlian Sport Goods
Co., when a court held that an "Individual's name right should be
recognized as a prior right."
Mr. Yao and Mr. Yi are well-known sports celebrities in China and legal
experts say their cases might help Mr. Jordan's, though Chinese law puts
less emphasis on precedent than U.S. law does. Mr. Jordan will have to
provide sufficient evidence that his fame preceded Qiaodan Sports'
trademarks, said Horace Lam, a Beijing-based intellectual-property partner
of law firm Jones Day.
That may seem easy for a star who won six NBA championships with the Chicago
Bulls, but "there's still great uncertainty," said Mr. Lam. Previous
rulings may have sided with the other players because they are Chinese
nationals, he said.
Qiaodan Sports likely will question why Mr. Jordan didn't file suit sooner,
said Dan Harris, a partner at law firm Harris & Moure. "Chinese judges are
not looking to shut a business down and lay off thousands of workers," he
said. Mr. Jordan could settle with the company, allowing Qiaodan to use his
name for a licensing fee, Mr. Harris said.
"Mr. Jordan is not interested in putting Qiaodan out of business, but he
wants to reclaim his name and identity," said Josh Gartner, a spokesman for
Mr. Jordan's lawyers, Jun He Law Offices and Fangda Partners. "He wants to
make sure Chinese consumers understand the products they are buying and are
not misled."
http://online.wsj.com/article/SB1000142405297020477860457724099
Michael Jordan Sues Chinese Sportswear Company
By LAURIE BURKITT
BEIJING—Basketball star Michael Jordan sued a Chinese sportswear chain,
saying it improperly uses the Chinese pronunciation of his name—the latest
dispute over intellectual property in China.
Qiaodan Sports Company Ltd. has been profiting by illegally using "Qiaodan,"
the Chinese version of his name, on its marketing materials and products
since the 1980s, Mr. Jordan said in a prepared statement Thursday. Qiaodan
is pronounced roughly as cheow-DEN. The suit, filed in China, also says
Qiaodan Sports has improperly used his jersey number, 23.
Qiaodan Sports, based in the coastal province of Fujian, sells athlete-
branded basketball shoes and jerseys in its 5,715 retail outlets in China
and is preparing to raise 1.1 billion yuan ($175 million) in a public
listing in Shanghai.
The company said it has the exclusive right to the Qiaodan trademark and is
operating "in accordance with Chinese laws." A Qiaodan Sports spokesman
declined further comment.
"I feel the need to protect my name, my identity, and the Chinese consumers,
" Mr. Jordan said in a video on a website devoted to his claims against
Qiaodan Sports. "It's not about the money. It's about principle—protecting
my identity and my name," he said. Any damage award would be invested in
promoting basketball in China, he said.
Naming rights and trademarks long have been issues in China, but they've
been in the spotlight recently as foreign companies rush in to tap a growing
consumer culture. Apple Inc. is in court in China over whether the company
holds the trademark for the iPad name.
Many sports companies also are looking to capitalize on the sudden
popularity of U.S. National Basketball Association surprise standout Jeremy
Lin, selling T-shirts and jerseys with his name on them. China's Wuxi
Risheng Sports Utility Co. says it reserved the rights last year to use his
Chinese name, Lin Shuhao.
Qiaodan Sports first registered for the rights to use Mr. Jordan's Chinese
moniker in 1997, when it also applied to use the name with the logo of a
baseball player at bat, according to the trademark office of China' State
Administration for Industry and Commerce. The company posted a profit of 341
.5 million yuan on 1.7 billion yuan in revenue for last year's first half.
Mr. Jordan doesn't hold a registered trademark for his Chinese name in China
, but legal experts said that might not matter. In most cases, Chinese law
protects parties who hold registrations and who file early for them, but a
provision says businesses can't freely use the names of famous people, even
if the people don't have a registered trademark.
A Chinese court in December ruled for former NBA player Yao Ming, who
challenged Wuhan Yunhe Sharks Sportswear Co. for using his name and the logo
"Yao Ming Era" on its products. The company was forced to stop using the
name and to pay damages of 300,000 yuan. Another NBA player from China, Yi
Jianlian, last April prevailed over defendant Fujian Yi Jianlian Sport Goods
Co., when a court held that an "Individual's name right should be
recognized as a prior right."
Mr. Yao and Mr. Yi are well-known sports celebrities in China and legal
experts say their cases might help Mr. Jordan's, though Chinese law puts
less emphasis on precedent than U.S. law does. Mr. Jordan will have to
provide sufficient evidence that his fame preceded Qiaodan Sports'
trademarks, said Horace Lam, a Beijing-based intellectual-property partner
of law firm Jones Day.
That may seem easy for a star who won six NBA championships with the Chicago
Bulls, but "there's still great uncertainty," said Mr. Lam. Previous
rulings may have sided with the other players because they are Chinese
nationals, he said.
Qiaodan Sports likely will question why Mr. Jordan didn't file suit sooner,
said Dan Harris, a partner at law firm Harris & Moure. "Chinese judges are
not looking to shut a business down and lay off thousands of workers," he
said. Mr. Jordan could settle with the company, allowing Qiaodan to use his
name for a licensing fee, Mr. Harris said.
"Mr. Jordan is not interested in putting Qiaodan out of business, but he
wants to reclaim his name and identity," said Josh Gartner, a spokesman for
Mr. Jordan's lawyers, Jun He Law Offices and Fangda Partners. "He wants to
make sure Chinese consumers understand the products they are buying and are
not misled."