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Jordan'S Sports Trademark Case Ended In A Defeat And Became The Biggest Stumbling Block For IPO.

2018/7/10 13:10:00 146

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The Beijing intellectual property court recently concluded the Trademark Review and Adjudication Board of Jordan sports and the State Administration for Industry and Commerce on the case of "Jordan QIAODAN" trademark infringement. It found that the trademark was deceptive and dismissed the plaintiff's request from Jordan sports company.

 Jordan Sports

In order to keep the "Jordan QIAODAN" trademark, the Jordan sports Limited by Share Ltd (hereinafter referred to as "Jordan sports") went back to court with the Trademark Review Board of the State Administration for Industry and Commerce in the late stage of the lawsuit against the famous basketball player Michael Jeffrey Jordan (hereinafter referred to as Michael Jordan).

The court of intellectual property in Beijing recently concluded the case and rejected the appeal of the plaintiff Jordan sports company.

According to the insiders, for Jordan sports, whether or not to retain the "Jordan QIAODAN" trademark is not only a dispute over trademark ownership, but also the biggest stumbling block for Jordan's sports impact on IPO. In the future, if he wants to go public, he may only have two ways to solve the problem of renaming or trademark reconciliation in front of Jordan sports.

Trademark dispute

The dispute over the "Jordan" trademark, which lasted for six years, finally came to an end.

The Beijing intellectual property court recently concluded the case of the Trademark Review Committee of Jordan sports and the State Administration for Industry and Commerce on the trademark infringement of "Jordan QIAODAN", and decided that the contending trademark was deceptive and rejected the appeals of the plaintiff Jordan sports company.

The court held that: "Jordan sports company knows that Michael Jeffrey Jordan has long and broad popularity in China, and still applies" Jordan "to apply for registration of controversial trademarks, which is likely to lead to a specific link between the products of the relevant public misconception that the trademark is marked with controversy and Michael Jeffrey Jordan's existence of endorsement and license, thereby damaging the prior right of Michael Jeffrey Jordan.

In fact, since February 2012, Michael Jordan has appealed Jordan sports to the Trademark Review and Adjudication Board to apply for the cancellation of the trademark dispute.

He declared publicly that "the purpose of this action is to protect the right of name and brand that I have, which is not the problem of money".

But the result failed.

After that, Michael Jordan appealed to the first intermediate people's Court of Beijing and the higher people's Court of Beijing, and the two results were all upheld.

In 2015, Michael Jordan applied again to the Supreme People's court for retrial.

In December 8, 2016, the Supreme People's court ruled that the Trademark Dispute Adjudication Board of the State Administration for Industry and commerce was revoked.

Beijing Business Daily reporter recently visited the survey found that the majority of Jordan stores under the line have removed the Jordan Chinese characters in the trademark, while online Tmall, Jingdong Jordan sporting goods store, official micro-blog, WeChat still use the "Jordan" Chinese character publicity head.

In this regard, Li Zhiqiang, a lawyer of Beijing de Heng law firm, said that after the final judgment, its legal effect will come into force immediately. If it needs to be used, it must get Michael Jordan's own consent. Otherwise, it will be a tort. Michael Jordan can request enforcement.

In addition to Michael Jordan himself suing Jordan sports, Nike also prosecuted Jordan sports for trademark infringement.

However, because the trademark of Jordan sports is made up of Chinese character "Jordan" or pinyin "QIAODAN", it is not the same as Nike registered "MICHAELJORDAN", so Nike's appeal has not been successful.

There are many problems.

It is worth mentioning that during the controversy of trademark, Jordan sports products are also problematic.

Beijing Business Daily reporter visited a number of Jordan sports stores in Beijing, sales staff told reporters, because the price is low, so sold well.

But some customers reflected that they liked Jordan's clothes and shoes before, but now the style of Jordan has not been able to keep up with the trend.

In addition, the Tmall flagship store that looks at Jordan sports can find that the price of Jordan sports products is basically in the range of tens to hundreds of dollars, and some products even lower to 80 percent off.

Even with cheap measures, Jordan's products are still hard to attract consumers.

According to Tmall's TOP brand data released by Yun Guan consulting, Tmall brand sales ranked first in April 2018, an increase of 16% over the same period last year, reaching 1.47% billion yuan, with a market share of 18.68%, followed by Lining and Nike.

In the top ten list, there is no Jordan sports figure.

In fact, Jordan sports problem is not only exposed to trademark infringement, product homogeneity, channel self control rate is not high enough to make Jordan sports.

market

Lack of competitiveness, and Jordan in Fujian sports brand, production automation is also in the wind.

Textile and clothing brand management expert, Cheng Weixiong, general manager of Shanghai Liang Qi Brand Management Co., Ltd.

Listing blocked

It is understood that Jordan sports Limited by Share Ltd is a domestic sporting goods business, founded in 2000, mainly engaged in sports shoes, sports

clothing

And the design, development, production and sale of sports accessories.

In 2011, Jordan attacked the IPO and passed the trial meeting, and plans to go public before the end of March of next year. But it was brought to court by Michael Jordan in February of the following year, which made Jordan sports failed to get the official approval of the listing.

After five years, Jordan sports has not yet given up the way of listing.

In 2016, Jordan sports again attacked IPO.

As of March 2016, Jordan sports has passed the trial meeting, waiting for approval.

The prospectus shows that Jordan sports intends to land on the main board of the Shanghai Stock Exchange. The number of shares issued is expected to be 112 million 500 thousand shares. It is estimated that the fund will be raised by 1 billion 64 million yuan, and the funds will be used for the construction of production base expansion and Direct stores.

But up to now, Jordan sports has not yet received approval from the public.

Cheng Weixiong said that the lack of listing allowed Jordan sports not enough capital strength to build brands, including product development, channel construction, information technology and automation construction, and so on, and reduced the competition pattern and competition strength with other brands.

Li Zhiqiang believes that Jordan failed to go on the market, and its trademark disputes have a lot to do. Jordan sports once again lost the lawsuit, the future want to appear on the market may only choose to rename or trademark reconciliation two ways.

In this regard, Beijing Business Daily reporter interviewed Jordan sports related responsible person, as at press time, the other side did not respond.

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