According to the “Beijing Business Daily” report, recently, Jordan Sports Co., Ltd. (hereinafter referred to as “Jordan Sports”) v. Nike Sports (China) Co., Ltd. (hereinafter referred to as “Nike Sports”), Nike Business (China) Co., Ltd. (hereinafter referred to as “Nike Business”) The case of infringement of trademark rights and unfair competition disputes was openly heard in the intellectual property court of Jinjiang Court.
The plaintiff, Jordan Sports, demanded that the defendant stop the infringement, publicly apologize, and compensate the plaintiff for the loss and reasonable expenses of 300,000 yuan.
According to reports, the dispute between the two sides is that “the defendant arbitrarily used the ‘Jordan’ related logo (including Jordan official website, Jordan basketball shoes, Jordan clothing, etc.) with the exclusive right to use the registered trademark and the high market visibility and recognition. Whether to promote and sell the ‘Sports Shoes’ Baidu bidding advertisement infringes the plaintiff’s ‘Jordan’ registered trademark exclusive right’, “whether the defendant’s aforementioned behavior constitutes unfair competition”, etc. For the plaintiff lawsuit, according to “Beijing Business Daily” “Nike Sports” and “Nike Business” said that the defendant did not use Jordan basketball shoes and other related logos for its official website, but only the background keywords, so it does not constitute trademark infringement, and its behavior does not constitute unfair competition. Not pronounced on the spot.
In fact, this incident can be traced back to a few years ago.
In 2015, the Beijing Higher People’s Court ruled on 32 of the 78 Jordan Sports trademark disputes and ruled that Michael Jordan lost the case.
After learning the verdict, Jordan only left one sentence, “We will apply to the Supreme People’s Court for retrial.”
Subsequently, on December 8, 2016, the Supreme People’s Court re-examined the applicant Michael Michael and the applicant’s State Administration for Industry and Commerce, the Trademark Review and Adjudication Board, and the third-instance third-party Jordan Sports Co., Ltd. 10 cases of disputed administrative disputes were publicly pronounced. After the event was over half a year later, on July 19th, the Beijing Court Network published an article showing that Jordan Sports Company filed a lawsuit against Jordan and Fangda Beijing to stop the infringement, apologize, restore reputation, and claim spiritual damage. The cost of gold and rights protection was 1.1 million yuan.
Jordan Sports Company claims that our company was legally established in 2000 and has been operating for nearly 17 years. After more than ten years of development, it has become a well-known sports brand enterprise in China.
Our company legally registers and uses “Jordan”, “QIAODAN” and related graphics and other trademarks, among which the “Jordan” trademark mainly used is recognized as “well-known trademark” and “well-known brand” in Fujian Province.
In June 1991, Jordan authorized Nike Innovations Limited Partnership to apply for the registration of trademarks such as “MICHAEL JORDAN” and related graphics.