Despite those precedents, it can be argued that the Michael Jordan-versus-Qiaodan Sports case changed views on China for good, with political ramifications that are indisputable. In July 2017, Qiaodan Sports filed a lawsuit against Michael Jordan for infringement of reputation and demanded 1.1 million yuan (US$162,500) in compensation. In the filing, Qiaodan claimed that Jordan had "maliciously" initiated 78 trademarks disputes over a number of years but had only managed to win three of them. The complicated legal saga dates all the way back to 2012 when Jordan sued Qiaodan for the illegal use of his name and even winning the case against the brand in 2016. And Qiaodan Sports, which has more than 6,000 stores across the country, had won a series of victories against Jordan in lower courts. The details of the legal dispute were superbly explained in 2016 by attorney and international IP law expert Laura Wen-yu Young in her The Trademark Reporter article, “Understanding Michael Jordan v. Qiaodan: Historical Anomaly or Systemic Failure to Protect Chinese Consumers?” As Young explains, “Qiaodan” has multiple meanings. All told, Qiaodan Sports has registered approximately 200 marks that are closely related to Jordan’s name, image or likeness. The suspension came a day after Collins played his first game since 2019 in the Cowboys’ opener, a 31-29 loss to defending Super Bowl champion Tampa Bay. In July, however, Qiaodan filed a lawsuit against Jordan and Fangda Partners, the law firm representing him in China, claiming an infringement of reputation. section: | slug: michael-jordan-awarded-46000-for-emotional-damages-following-lawsuit-against-chinese-sportswear-company | sport: basketball | route: article_single.us | On October 31, 2012, Michael Jordan filed a request to cancel the trademark with the Trademark Review and Adjudication Board of the State Administration for Industry … This book is an interactive, hands-on guide to negotiating, drafting and litigating agreements in the context of representation of professional athletes. Jordan is widely known as Qiaodan in China, and he initially filed a lawsuit against the company in 2012. Login to BlackFacts.com using your favorite Social Media Login. On October 31, 2012, Michael Jordan filed a request to cancel the trademark with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (the predecessor of the CNIPA), which ruled for Qiaodan Sports. Moreover, the lawsuit was filed in the State of people which is an effective market share for the Jordan brand. There have been other NBA players with Jordan as their surname. US basketball legend Michael Jordan (Anadolu photo). According to Variety, a Shanghai court has ruled last … For more on Michael Jordan's legal battle with Qiaodan Sports, follow here. Getty Images / Anne Christine Poujoulat / AFP, *If you submitted your e-mail address and placed an order, we may use your e-mail address to inform you Jordan asserts in the New York Times, however, that this lawsuit … Found insideThis book examines numerous skills of monetization on intellectual property rights for various industries, such as media and communication, display, transgenic technology, smart vehicle, virtual reality, on-line payment, robot and industry ... Qiaodan Sports Co. Ltd., a Chinese sportswear and shoe manufacturer, should compensate the plaintiff 300,000 yuan (about US$46,000) for … The New York Times Bestseller, Now in eBook Format and Updated With a New Introduction This is the 20th anniversary of the explosive bestseller that changed the way the world viewed one of the greatest athletes in history, revealing for the ... It does so by awarding a “win” to the most famous person associated with the league: Michael Jordan. Michael McCann is SI’s Legal Analyst. NYRA believes Baffert’s conduct warrants suspension or revocation of his right to train horses or enter races at three racetracks. The verdict says that Qiaodan is in the clear because "Jordan" is a common American surname and the logo is simply a silhouette with no defining facial … After almost a decade of litigation, Michael Jordan won a hard battle against Qiaodan Sports Co., Ltd. China. © 2021 ABG-SI LLC. In 2017, New Balance won a $1.5 million lawsuit against three Chinese shoemakers that were using the sportswear company’s slanted “N” logo. Many of Qiaodan's brands associated with Michael Jordan were already more than five years old at the time of the lawsuit. In the 1990s, as Nike and Jordan Brand looked to establish themselves in China, they only registered the English version of the word "Jordan." Qiaodan … Very strong in their position, Qiaodan retaliated by filing a lawsuit against Jordan, claiming revenue loss due their reputation being hurt by the lawsuit against them (Jourdan, 2015). Qiaodan Sports can still, however, use its logo of a silhouetted basketball player, which draws similarities to Michael Jordan's Jordan Brand logo. Found inside – Page 126020569 (hereinafter “the disputed trademark”), was filed by QIAODAN Company on April 26, 2007, and was approved for use for sports equipment, swimming pools (for ... Michael Jordan subsequently filed an administrative lawsuit. He previously was in a legal battle with a Chinese company, Qiaodan Sports. The company also has to pay $7,600 ( RMB 50,000) for legal expenses netting Jordan a total of $53,600. © 2004-2021 CBS Interactive. Fourth, even if Qiaodan means “Jordan” it doesn’t necessarily mean Michael Jordan. Jordan spoke to the media at the time. Alternatively, you can object to Nike gained the protection in part because James does business under his own name. Meanwhile, with an eye towards exporting its products to an increasingly affluent Chinese market, Nike in the late 2000s and early 2010s pursued intellectual property protection under Chinese law. Michael Jordan wins lawsuit over name right disputes in China. The Qiaodan Sports Company Ltd is being sued by Jordan for using his name, according to The AP. Air Jordan Lawsuit Qiaodan China. Michael Jordan was unhappy with the result, so he filed a lawsuit against TRAB asking the court to order TRAB cancelling the “Qiaodan” trademark. Since the recent court ruling, Qiaodan Sports has said the decision would not keep it from using its other existing trademarks and that business would continue as usual. Michael Jordan Awarded $46,000 USD for "Emotional Damages" Against Qiaodan Sports. Following a multiple-year trademark lawsuit, a Chinese sportswear and shoe manufacturer called Qiaodan was ordered to pay the GOAT $46,000 (RMB300,000) over the use … with Disabilities Act of 1990. Just the opposite, it appears, the company used the word in its business activities and the word became distinctive to those activities. Qiaodan Sports hopes to break the impasse via the lawsuit, it said. He opined that a person’s name is effectively part of his or her DNA and he argued that Qiaodan Sports had illegally taken “his” name: The value of Jordan’s brand, including his name and identity, is massive. This book aims to fill the study gap on trademark laws in Asia on a cross-jurisdictional level. It provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and up-to-date trademark case laws. A Qiaodan shoe in a store in Beijing. Stay tuned for more news on the lawsuit, which sees Qiaodan looking to win ¥300,000 RMB (approximately $47,400 USD) and a public apology from Nike. On December 30, 2020, the Shanghai Second Intermediate Court issued a verdict of the first … The a amount of winnings Michael Jordan will win is $8 Million in … address for this purpose at any time without incurring any costs other than the transmission costs according You can object to the use of your e-mail … Found insideAt the same time, the case escalated when Michael Jordan also sued Qiaodan for theft of image and name rights. All these cases ended up in a debacle for the foreign right holders. Similar in legal nature was the Adidas v. SPORTS ILLUSTRATED is a registered trademark of ABG-SI LLC. Qiaodan countersued in 2013, saying Jordan's original suit had prevented it from going public. Michael Jordan has won the lawsuit against Chinese sportswear company Qiaodan. Michael Jordan's eight-year trademark battle against Chinese brand Qiaodan Sports has reportedly come to an end, as the Supreme People's Court in China has ruled in favor of Jordan. Those applications included trademarks for: a jumping basketball player silhouette logo that bore more than a passing resemblance to the famed Jumpman logo; the number 23 (which happens to have been Jordan’s number during most of his NBA career) and Chinese characters that sounded just like “Jeffrey Jordan” and “Marcus Jordan”, the names of Michael Jordan’s two sons. Beijing-based Qiaodan Sports Co. is known for knocking off Jordan Brand Air Jordan models and just won the case in court. Both the capacity to use the Chinese legal system to block bad faith “squatting” of intellectual property and the opportunity to seek meaningful enforcement actions against pirated and counterfeit goods are integral to the NBA and its partners. If you do encounter an Found insideThis annual publication provides a wide range of indicators covering the following areas of intellectual property: patents, utility models, trademarks, industrial designs, microorganisms and plant variety protection. Highsnobiety is reporting that after eight long years, Michael Jordan’s lawsuit against Chinese brand Qiaodan Sports has finally come to an end as the Chinese Supreme … According to China Daily, the Chinese company can no longer use the Chinese translation of Jordan's name, Qiaodan, which easily misleads consumers. As a result, “Qiaodan” can be thought of as a “rough transliteration” of Jordan’s surname but not a translation of “Michael Jordan.” Transliteration is different from translation since it involves using letters of another language to most closely approximate the sound and pronunciation of a word. Qiaodan Sports Co. is a Chinese sportswear and footwear manufacturer. As detailed by Young, the company initially registered a trademark for a logo that did not appear to reference Jordan. According to the statement dated as of March 1, 2012 issued by a representative for Michael Jordan, the suit filed by former NBA basketball legend Michael Jordan against … Unlike a translation, a transliteration doesn’t concern the meaning of a word. To be sure, this seems like an unpersuasive argument. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What Thursday, April 9, 2020. Basketball legend Michael Jordan has filed a lawsuit in China against Qiaodan Sports Company, accusing the sportswear firm of unauthorized use of his name. Emphasis on CRITICAL THINKING. Neil Browne, one of the co-authors of this text, has written a successful text on critical thinking. Michael Jordan Prevails in Eight-Year Trademark Battle at China’s Supreme People’s Court. I. MICHAEL JORDAN: PROTECT YOUR NAME IN CHINA EARLY. In another lawsuit between Michael Jordan and Qiaodan Sports, the Supreme People’s Court ruled in favor of Michael Jordan over Qiaodan Sports for a trademark dispute. Qiaodan is, essentially, recognized as a knockoff brand in China. Michael Jordan has prevailed in a longstanding legal battle against Zhongqiao Sports, formerly known as Qiaodan Sports, regarding the previously used name. July 30, 2015. NBA Hall of Famer Michael Jordan is a little bit richer after a court ruled to pay him for "emotional damages" and legal expenses. "Blondey addresses and confronts issues relating to mental health, in particular the country's treatment of depression and anxiety in young people and the overreliance on prescribed antidepressants. CBS Sports is a registered trademark of CBS Broadcasting Inc. Commissioner.com is a registered trademark of CBS Interactive Inc. site: media | arena: nba | pageType: stories | Covering the impact of coronavirus on the sports world. Titelmedia strives to ensure that its Website services and content are accessible They must also issue a public apology in print and online saying there is no relationship to Jordan. Jordan, whose net worth is reportedly about $2.1 billion, is integral to Jordan Brand. Nike was no doubt surprised and disappointed to see Jordan-related applications rejected. They include DeAndre Jordan, Jerome Jordan and Reggie Jordan. This arrangement is different from U.S. trademark law, which requires a “first-to-use” threshold, meaning proof the mark has been used in business or will be used. Michael Jordan has scored another win in his years-long legal battle with knockoff sportswear brand Qiaodan. This book analyzes the standards of treatment and protection enshrined in international investment agreements (IIAs), which regard intellectual property rights as a protected investment. Found insideThis authoritative report analyzes IP activity around the globe. We’ll keep you updated on further developments with NBA intellectual property rights in China. And Qiaodan Sports, which has more than 6,000 stores across the country, had won a series of victories against Jordan in lower courts. A few days ago we told you guys that Michael Jordan was suing Chinese retailer Qiaodan Sports, and today we see a video of MJ himself explaining the lawsuit on his … Chinese sporting goods brand Qiaodan Sports, whose name is the Chinese translation of Jordan, filed a lawsuit against American … As Young details, Qiaodan Sports capitalized on this point by asserting that “Qiaodan” wasn’t even a reference to Jordan but instead a plant found in South Asia. Jordan filed his first lawsuit against Qiaodan in 2012 to defend his name in light of a personal contract with Nike. Found insideTo that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. This state-of-the-art guide examines Chinese IP laws, discussing the protection of patents, trademarks, copyrights, and trade secrets, and sharing the insights and expertise of twenty attorneys who command extensive experience with China's ... The suit was filed just as Qiaodan Sports, which brought … Since 2012, Jordan has filed 80 lawsuits against the firm. The NBA's six-ring winner has defeated clothing brand Qiaodan Sports in an intellectual property lawsuit, which Jordan had denounced more than eight years ago for misappropriating his name, as 'Qiaodan' appears to be the Most common way of writing the sound produced by Chinese characters to refer to 'Jordan '. Michael Jordan Prevails in Eight-Year Trademark Battle at China’s Supreme People’s Court. accessibility issue, please be sure to specify the web page and nature of the issue in your email and/or phone call, But the story is not so straightforward. This textbook provides an account of intellectual property law. He explains how changed his style to not be a boring announcer. File photo shows citizens walk past a store of Qiaodan Sports Company Limited, a Chinese sportswear … Use of this site constitutes acceptance of our Terms of Use and Privacy Policy, Michael Jordan Wins Litigation in China's Supreme Court, controversy over political speech and Hong Kong, the greatest basketball player of all time, other NBA players with Jordan as their surname. Jordan’s legal strategy in 2012 led to a multi-faceted path through the Chinese court system. Jordan is embroiled in a lawsuit against Qiaodan Sports -- again, this business name is equivalent to "Michael Jordan Sports" -- on grounds that the … Michael Jordan. Notably, in the early 1990s, Nike obtained Chinese trademark rights for the name “Michael Jordan” and the Jumpman logo. Following a multiple-year trademark lawsuit, a Chinese sportswear and shoe manufacturer called Qiaodan was ordered to pay the GOAT $46,000 (RMB300,000) over the use of Jordan's name. In June 2015, the Beijing Higher People's Court rejected a lawsuit brought by Michael Jordan to invalidate the registration of various trade marks owned by the Chinese company Qiaodan Sporting Goods Inc. (Qiaodan). China's Supreme People's Court ruled that Qiaodan Sportswear lost the lawsuit of trademark infringement, leading to its trademark being suspended. Because registered trademarks can only be disputed in China within a five-year timeline, the court was not able to order them to stop using the name completely. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. Yet as explained by Young, in the early 1990s Nike was “focused on sourcing and product manufacture in China rather than sales to Chinese consumers.”. SHANGHAI – US basketball legend Michael Jordan on Wednesday won a lawsuit in Shanghai, with a Chinese company ordered to make a formal apology and compensate for the unauthorized use of his name.. Qiaodan Sports Co. Ltd., a Chinese sportswear and shoe manufacturer, should compensate the plaintiff 300,000 yuan (about … First, Qiaodan Sports regularly used its marks in business activities and, as a result, the company’s product line became associated with “Qiaodan.” Stated differently, it wasn’t as if Qiaodan Sports squatted on the word “Qiaodan” and effectively held it for ransom, hoping that either Jordan or Nike would pay up. Found insideCourt Justice brings readers to the front lines of a critical battle in the long fight for players’ rights while also offering O’Bannon’s unique perspective on today’s NCAA recruiting scandals. Yet the company has wisely capitalized on Chinese trademark law, which generally grants trademark rights on a “first-to-file” basis. In the civil lawsuit against Qiaodan in Shanghai, Jordan again asked the court to stop Qiaodan from continuing the usage of trademarks that violate the American … Jordan explained the lawsuit in a video message, according to Fox News. This book goes several steps further by providing and analyzing each amendment in the new trademark law. It also includes practical advice for practitioners of Chinese trademark law. Qiaodan Sports Co. Ltd., a Chinese sportswear and shoe manufacturer, should compensate the Jordan with 300,000 yuan (about $46,000) for emotional distress and another 50,000 yuan for expenses incurred during the lawsuit, according to the ruling handed down by the Shanghai No.2 Intermediate People’s Court in the first instance. The administrative action concerns 78 trade marks involving the mark 乔丹 (Qiao Dan, in Chinese Pinyin), brought by Michael Jordan and Nike against Qiaodan. Found insideFrom the #1 bestselling, award–winning team behind March comes the first book in their new, groundbreaking graphic novel series, Run: Book One “Run recounts the lost history of what too often follows dramatic change—the pushback of ... I. MICHAEL JORDAN: PROTECT YOUR NAME IN CHINA EARLY. First Published in 1987. Routledge is an imprint of Taylor & Francis, an informa company. In contrast, Nike attorneys in China had successfully blocked a Chinese company from registering the Chinese characters for LeBron James – 勒布朗.詹姆斯. Qiaodan, which translates to “Jordan,” was ordered by a court to pay the former NBA All-Star despite arguing that “Jordan” is a common Western last name and doesn’t necessarily refer to Michael Jordan or Nike. 6-keys: media/spln/nba/reg/free/stories, at The verdict says that Qiaodan is in the clear because "Jordan" is a common American surname and the logo is simply a silhouette with no defining facial features. He batted just .202 for the Double-A Birmingham Barons and returned to the Bulls the following year. The news was reported by Business of Fashion. Michael Jordan has finally won his lawsuit against Chinese sportswear company Qiaodan, the company that he originally filed suit against in 2012. This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. Additionally, ruling in Jordan’s favor may not be in the best interest of the Chinese people, as Qiaodan employs thousands of Chinese workers and has contributed millions to the country’s economy. With either civil or common law traditions to a multi-faceted path through the Chinese regime... And producer Beyoncé Giselle Knowles-Carter, better known as Qiaodan in China through a name—Qiaodan—that wasn ’ t own... Makes available a wealth of new material Hawks star was welcomed by an echo boos! Two children, the case book uses carefully selected court decisions drawn from various countries either. Lack of protection for images and likenesses highlight the continued fight ahead for athletes intellectual. Be confusing with Qiaodan of ways of writing Michael Jordan will win is 8! 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Has wisely capitalized on Chinese trademark rights for apparel and footwear manufacturer first-to-file trademark system reference on... Multiple meanings the principal owner of the Charlotte Hornets in Young ’ s in.
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