Recently, Beijing Higher’ People’s Court made the second instance ruling in favor of Qiaodan Sports Co, Ltd (hereinafter QiaoDan Sports) against the U.S. NBA superstar Michael Jordan. Michael Jordan’s appeal was dismissed for revocation of the registration of disputable trademark “乔丹” (Qian Dan in Chinese pinyin).
QiaoDan Sports is a famous sports products company in Fujian Province of China. Since 2000, the company has registered trademarks such as “QIAODAN”, “乔丹”(qiao dan in Chinese pinyin)， “桥丹”(qiao dan in Chinese pinyin)，and “乔丹王”(qiao dan wang in Chinese pinyin) for products of clothes, shoes and bags.
Michael Jordan held that the trademarks, “QIAODAN”, “乔丹”，registered by QiaoDan company has infringed his right of personal name and right of portrait. Jordan’s attorney insisted that when the Chinese public saw trademarks “QIAODAN” or “乔丹”, they will associate it with Jordan and will be confused and misled as to the source of products, therefore disturbing the normal market order and producing negative social effects. Further, QiaoDan Sports’ registration of trademarks was against the principle of good faith and honesty when they actually knew or should have known about Michael Jordan’s popularity. .
QiaoDan Sports alleged that Jordan is only a common surname in the U.S. and U.K. and “乔丹” (Qian Dan in Chinese pinyin) is just one customary transliteration. It is hard to identify that there exists only one corresponding connection between Jordan and “乔丹”. Accordingly, “乔丹” and the portrait of a common basketball motion should not be considered to have any prior right. Although Jordan enjoys high social popularity, it does not mean that his surname has relevant right on relevant products. Moreover, over 20 years development, QiaoDan Sports has already gained extensive and stable market recognition.
Therefore Beijing Higher People’s Court affirmed the first instance judgment in favor of QiaoDan Sports. It is said that Jordan will file a petition for review before the Supreme People’s Court.
