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Category: WTO Sub-category: Intellectual Property
Document type: news
The former basketball player Michael Jordan filed a lawsuit on 21st February, 2012 against Qiaodan Sports, a Chinese sportswear company, claiming unauthorized use of his Chinese name.
In the lawsuit, the former Chicago Bulls guard accused the Chinese company of building a sportswear brand around the name he is known by in China - Qiaodan. Qiaodan also useed the number 23 as well as tried to register trademarks using Chinese names that match those of Jordan's two children.
Jordan has been known in China by the name Qiaodan since he became a global basketball star in the 1980s.
Qiaodan, based in Fujian Province in southern China, had about $270 million in revenue during the first half of last year, and $45 million in profit. The company was registered in 2000 and used the name "Qiaodan".
In its defense, the company said on 23rd February, 2012 that in China, ‘Qiaodan' is a trademark registered by them according to Chinese laws, and that is why they enjoy its exclusive rights. It means, the legal usage of this trademark is protected by Chinese laws.
A similar statement was also presented in Qiaodan Sports' prospectus, which was sent to the China Security Regulatory Commission in December 2011.
The company also said that they are paying "close attention" to the case, but they haven't received any notice of appearance from any domestic court.
However, a compensation of tens of millions yuan is demanded by Jordan's representative. The compensation will, according to Jordan, be used to help China's basketball development.
The New York Knicks' rising basketball star Jeremy Lin, an American whose family is from Taiwan, might see himself in a similar situation in China. A businesswoman in eastern China registered a trademark there for Lin's name after seeing him play last year.
Another instance of similar type was the lawsuit against Coca Cola filed by Chinese basketball star Yao Ming for improper use of his image. However, the use of "Qiaodan" can hardly constitute an infringement of Jordan's right of name, said Wang Xiaopeng, the attorney of Yao Ming in this lawsuit.
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