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ARTICLE · 07 JULY 2020

Supreme Court Retries The Michael Jordan Case

Since 2014, the Michael Jordan case attracted a great deal of attention in the Chinese IP field.

ChinaIntellectual Property

Since 2014, the Michael Jordan case attracted a great deal of attention in the Chinese IP field.

Chinese sportswear company Qiaodan Sports LLC (hereinafter refer to "Qiaodan") registered the trademark '955296a.jpg' (Reg. No. 6020578) for "clothing; shoes; hats, etc" in Class 25 in 2010. US sports personality Michael Jordan filed an invalidation action against this trademark claiming that this mark infringed his name right and portrait right. The defendant countered that: 1) Jordan's full name is Michael Jeffrey Jordan; therefore, he could claim rights neither in the 'Jordan' part alone nor in its Chinese transliteration; and 2) the figure in the mark was displayed in silhouette only, with no specific facial characteristics, thus, it would be unlikely for the relevant public to recognise the figure as that of Michael Jordan. Supreme Court finally ruled in favour of Michael Jordan, supporting his name right claim based on the Chinese transliteration of part of his name.

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