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Apr 22,2020
Express n° 9 Case: TM | Some gains, some losses, will Michael Jordan win the final battle against copycat?
On March 4th, 2020, China’s Supreme People’s Court (SPC) rendered a decision that
canceled the disputed trademark “乔丹+silhouette figure” No. 6020578 (Class 25) based on Michael Jordan’s name right. This is the last one of the
68 administrative cases before the SPC that concerns trademarks registered by
Qiaodan Sports Co since 2012. The decisions of the 68 cases can be summarized
as follow:
The trademarks registered more than 5
years, including the Chinese character “乔丹”, the "silhouette figure" and “QIAODAN/qiaodan” remained valid.
The registration of the "silhouette
figure" and the phonetic alphabet “QIAODAN/qiaodan” were found not to prejudice Michael Jordan’s portraiture right and the name right,
respectively.
However, Michael Jordan successfully invalidated
the aforesaid trademark No. 6020578 and other three Chinese characters “乔丹” trademarks, in which the SPC affirmed
Michael Jordan's name right has been prejudiced.
So, the battlefield has now gone back to
the Shanghai Second Intermediate People's Court, where a civil proceeding
launched by Michael Jordan against Qiaodan Sports’ use his name is still
pending. We will see whether Michael Jordan can stop this use and/or obtain the
damages.
Contributed by: Wen Cui