Jordan sports case is a vivid lesson of commercial law

By securities regulatory commission has approved by the FaShenWei sports company of the Jordan, because the American basketball star Michael Jordan submitted to the Chinese court a complaint against and produce the variable, Jordan charged with Jordan sports without their permission and deliberately "and be without scruple the" to use its name, and mislead consumers. The case once in the trial procedure, Jordan's IPO is likely sports temporarily stop, in court to make a decision after conclusion again. Obviously, Jordan sports will own enterprise name registered as "Jordan", is Jordan's celebrities are effect, this for a production sales sports goods as its main business enterprise,baseball hats it may lead to their rich market interests. The problem is, this cut and behavior filled legal risks, Jordan just because staying in a foreign country, to what happened in China there are always some diaphragm, and put forward the Jordan sports IPO application, and then placed in the spotlight himself, accept the parties to the question and torture naturally indispensable. Our country "anti-unfair competition law" regulation, "unauthorized use of the other people's enterprise name or the name, a mistaken as others goods" belongs to the unfair means to carry on the market trade, damage the category of competitors. But the problem is, Jordan is an American, his official name USES English writing, and its Chinese translation "Jordan" is a Chinese English pronunciation according to its to a Chinese writing, as americans have the Jordan to the Chinese translation rights advocate, apparently to controversy. We now say Jordan prosecution Jordan sports, just to express convenience, strictly speaking, should be Jordan prosecution Jordan sports. Perhaps it is for this reason, a few years ago, with Jordan's name in the right of the United States registered Nike has will Jordan sports court, accusing it of trademark infringement, but did not get the support of the court. So, now Jordan prosecution Jordan sports, the result not very optimistic. Now, in the face of Jordan prosecution, public opinion to Jordan sports full of moral condemnation, accusing it of playing is a kind of "alongside celebrity" trademark registered. But, in a market economy society, trademark registered itself is a kind of law allows behavior, but this proved Jordan sports is a sensitive business mind with the enterprise. In fact, the establishment in 1984 of the enterprise, after 20 years of development, now in the business income has close to 3 billion yuan RMB, the proof of the enterprise success. Although one can not completely ruled out the enterprise use of Jordan's celebrity effect, but to really understand the bulk of the enterprise customer is, it should not also could not produce this misunderstanding. For example, the CSRC FaShenWei in audit Jordan's IPO for sports, it won't conference will be for the misunderstanding with americans, in Jordan, otherwise, it is really the audit is who knows. For those of us observers, the just unveiled lawsuit whatever the outcome, is a vivid lesson of commercial law. For Jordan sports it since the way to cut the use the name Michael Jordan, he'll have to pay a price, and now it is in the IPO is that it must be hampered costs. If the lawsuit eventually lost, so not only their listings will become far off, Jordan sports JiShu ten years of painstaking effort accumulated brand effect will have been seriously breached. For an American Jordan for, the same lessons can absorb, as an already has mainly engaged in the business field of sports celebrities, Jordan's name has rich natural commercial value, but he did not in China will own in Chinese business registration, and use the first come, first served by others, this only shows that he and his team also lack of global vision, in his influence had already in China, even though Jordan sports has with its Chinese name registered trademark, he should have while the other party didn't sit big in negotiations with the transfer, so that he could in the Chinese market and harvest more business interests. The development of the market economy had already broken borders,mlb jerseys various kinds of interests entanglements also caused. Global law stipulated the registered trademark did the priority principle, this to solve this kind of dispute provides convenient way, but it also let some of the interests of the QiangZhuZhe was damaged. The way to solve this problem, can only be all market participants improve trademark law consciousness, pay attention to use this principle to protect their business interests. Now, the Chinese enterprises to go into the world has become a regular topic, but some enterprise faces trademark disputes. Onlookers Jordan sports case this a vivid lesson of commercial law, can let us increase this consciousness, be helpful for us to have a more profound understanding of the trademark law.

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