INTELLECTUAL PROPERTY DISPUTING “JORDAN VS QIAODAN” WITH SWEET ENDING FOR THE STAR

Who does not know Michael Jordan, the reliable basketball player on the International scene. Indeed, at present Michael Jordan contributes more behind the scenes to the world of basketball boundaries. However, for about eight years his famous name has been more frequently discussed due to the case of the Jordan brand he owns. The popularity of the brand owned by the star is indeed extraordinary that causes not infrequently there are parties who are trying to hitchhike in order to achieve commodity sales. What has recently surfaced is a Chinese brand “Qiaodan” who must swallow the bitter pills after the issuance of decision by the Chinese High Court which won the lawsuit filed by Jordan. The legal process undertaken was not easy. Moreover, the lawsuit was filed in the State of people which is an effective market share for the Jordan brand. Naturally, the maximum effort to win this lawsuit is being conducted by the Michael Jordan because the results are deemed equivalent.

For this dispute, Jordan appointed several parties who had assisted in all legal proceedings that we wants. These related parties became the client’s representatives both legally and media. This good decision issued not only recognizes Jordan’s rights to protect his name throughout China, but also as a form of enforcement of equal standard of protection for all parties in IP disputes.

With the issuance of the decision of the Chinese High Court , this has historically canceled at the same time the two previous decisions which supported the Chinese sports brand. As it is known that the Supreme Court of the Republic of China issued the decision to win the Jordan brand over the Qiaodan Sports.

There are two important points that underlie this demand, namely in the terms of the meaning of the word/brand and the similarity of the logos of brands resemblance to the dispute. For information, the meaning of word “Qiaodan” in Mandarin is “Jordan”. The striking resemblance of the logo with “Jordan” logo is equally using the same basket ball  player silhouette. The brand “Jordan” uses the silhouette of the player when jumping which is the mainstay of the star’s style, Michael Jordan in playing basket ball. While the “Qiaodan” brand uses another silhouette that looks like a mirrored version of Michael Jordan’s photo when the Chicago Bulls, the club that used to overshadow this famous basketball player, against the Orlando Magic in 1996.

In connection with this case, the South China Morning Daily reported that up to 2016, there were approximately 200 Intellectual Property Rights that had been registered by Qiaodan including the word “Jordan” in the spelling of Pinyin as well as logos which are practically similar. In addition, this Chinese company has also filed 12 (twelve) new trademarks involving the name of Jordan, including “Qiaodan Superdry”. However, until this news was released, the decision of the said new trademarks has not been known since it still waiting the approval from the Intellectual Property administration of Trademark Office.

Meanwhile, Agence France-Presse (AFP) reported that this will not be the end of the journey of the Chinese sport brand that was founded in 2000. They can still use the name of Qiaodan in the alphabetical form. While Jordan has pocketed a license to market the products of Jordan in Mandarin and Pinyin writing formats.

Speaking of this Chinese brand, if it is compared with Li-Ning, Anta or Peak brands, the name may be less well known in the world of international footwear. However, this company has opened around 5400 outlets in China using a similar logo silhouette of Michael Jordan there. Besides,  it is also reported that their products also use the aura of Jordan by using spelling such as “Flying Power” and “Qiaodan King”.

The case with a famous brand is not the first time experienced by Qiaodan. This company along with other Chinese shoe makers have also been dealing with the brand name “New Balance” for using the slanted company logo “N” in 2017. The Court issued a decision that New Balance won the lawsuit of US$ 1,5 million. The verdict came shortly after President Xi Jinping said that there would be increased supervisions and penalties for Intellectual Property claims. The fines given are believed to be the highest the financial prizes to foreign companies for trademark disputes according to the news from the BBC.

The verdict was a rear victory for Western brands in cases of violations of Intellectual Property in the Bamboo Curtain Country. The moment was announced shortly after the USA President, Donald Trump, conducted an investigation into China’s record of Intellectual Property. This is because China is leading in the International Patent filings based on the data reported by the United Nations whereas the said achievement overthrow the United States of America which previously held the top position for more than four decades.

 

Source or quoted from:

1. https://www.mainbasket.com (Accessed on June 28, 2020)

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