His unmistakeable bald-headed silhouette, arm outstretched and palming a basketball, adorns a Chinese sports company’s products and its nearly 6,000 storefronts. His transliterated name in Mandarin is Qiaodan (pronounced “chee-ow dahn”), which doubles as the company name, Qiaodan Sports Company. But on Thursday, China’s highest court ruled that Michael Jordan, whose name is recognized and monetized from Brooklyn to Beijing, owns the legal rights to the Chinese equivalent of his name.

Jordan initially filed the trademark lawsuit in 2012. As recently as last July China’s Supreme People’s Court ruled in favor of Qiaodan; lower courts ruled the same. But the highest court reversed those decisions on Thursday, giving Jordan a potentially precedent-setting victory. “Nothing is more important than protecting your own name, and today’s decision shows the importance of that principle,” Jordan said in a statement. Qiaodan officials, in a statement through their Weibo account, said they respected the ruling.

Trademark lawsuits in China, a country rife with cheaply made ripoffs, usually favor the first party to file the trademark. This ruling is unusual and, some legal analysts say, can set a new standard for Chinese companies that push the limits of trademark infringement and questionable branding practices. It is also not the first time a major U.S. brand has fought companies in Chinese courts. In May, Apple lost a lawsuit involving a Chinese company that sold leather products stamped with the iPhone trademark.

Michael Jordan beat Qiaodan in China’s Supreme People’s Court. He really is the GOAT: https://t.co/bohQBWrIIv pic.twitter.com/SA0BP726iO

— SoleCollector.com (@SoleCollector) December 8, 2016

The U.S. Chamber of Commerce welcomed the ruling, saying in a statement: “The Court has called an intentional foul and sent a clear message of deterrence to those who file trademarks in bad faith.” The statement continued, saying that the court’s decision is “about creating a legitimate marketplace where consumers can trust the products they buy.”

A family-owned business based in the southern Fujian province, Qiaodan first registered the “Qiaodan” trademark over a decade ago. Jordan sued in 2012. “It is deeply disappointing to see a company build a business off my Chinese name without my permission, use the number 23 and even attempt to use the names of my children,” he said in a statement at the time.

Jordan’s Chinese name will return to China’s State Administration for Industry and Commerce. And while the Chinese sportswear company will be forced to re-brand, the court did not grant Jordan full ownership of his Chinese name. The court said the pinyin, or romanized version of the name “Qiaodan” is a fairly common name that is not exclusively linked to the basketball legend.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Michael Jordan Wins Four-Year-Old Trademark Lawsuit in China appeared first on Law Street.

Various companies with recent intellectual property disputes are taking us back for a nostalgic look at our 90s childhoods. Chances are that at least once in your life you witnessed a jungle gym proposal involving the iconic Ring Pop.

Topps Co., the distributor of the Ring Pop, filed suit on August 21 in New York against the Ohio-based Primary Colors Design Corp. claiming trademark infringement. Topps asserts that three months ago Primary Colors revealed a product too similar to the Ring Pop at the National Confectioners Association’s Candy and Snack Show. According to Topps, Primary Colors showcased the Valentine Ring Lollipop — a sugary candy gem mounted on a plastic base in the design of a ring.

Topps requests a court order that would ban Primary Colors from producing and selling the candy item, in addition to financial damages.

It looks like there may only be room for one candy jeweler on the playground. But in case you weren’t the romantic type but more of a young businessman, you may have found yourself trading Pokémon cards in the sand box.

Courtesy of Kate Haskell via Flickr

Last week, Pokémon Co. International sent a cease and desist notice to Shapeways Inc. demanding it halt sales of its 3-D printed planter, which resembles the Pokémon character Bulbasaur. Although Shapeways did not officially label the planter as a Pokémon character, calling it a “succulent monster” instead, more than one reference to the Pokémon franchise was included in the listing.

After receiving the notice, Shapeways removed the listing from its website, but Pokémon International  is “asking for all the money associated with this model.”

So as children, after summers of Ring Pop proposals and Pokémon transactions, when winter rolled around, Disney movies were the go-to form of entertainment.

Last month, Disney found itself in its own winter nightmare when it was unsuccessful in convincing a court in San Francisco to dismiss a copyright infringement lawsuit. Kelly Wilson, a California filmmaker, sued The Walt Disney Co. over a trailer for the popular new Disney movie Frozen. Wilson claimed that in the trailer, the snowman character Olaf too closely resembles a character in his film The Snowman.

Courtesy of HarshLight via Flickr

A federal judge denied Disney’s motion to dismiss this case, writing, “the sequence of events in both works, from start to finish, is too parallel to conclude that no reasonable juror could find the works substantially similar.”

Although Disney’s Frozen features the famous song “Let it Go” with the lyric, “No right, no wrong, no rules for me I’m free!” the lawsuit is likely to go to trial.

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Alexandra Badalamenti (@AlexBadalamenti) is a Jersey girl and soon-to-be graduate of Fordham University in Lincoln Center. She plans to enroll in law school next year to study Entertainment Law. On any given day, you’ll find her with big blonde hair, high heels, tall Nashville dreams, and holding a newspaper or venti latte.

Featured Image Courtesy of [Elizabeth Albert via Flickr] 

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Hey girl.

Hi there.

That’s a great color on you.  Fuchsia really brings out your eyes.

Didn’t know my eyes looked pink in this light, but sure.

Here, let me buy you a drink.  Can I get a Date Grape Koolaid for the lady?

If a man ever attempts to buy me a Date Grape Koolaid, I’m sure I’ll either move to the farthest bar stool or start a conversation over the downplay of rape in the dating environment and why he believes this should be perpetuated in the moniker for this beverage. Well, the first option is quicker.

This week in the trademark world, Kraft Foods Group, the maker of Kool-Aid, has threatened to sue a bar in Spokane, Wash. over the name of one of its drinks –- the Date Grape Koolaid.  Daquiri Factory, the recently opened Bar & Grill in Downtown Spokane, has been subject to outrage and significant criticism from rape survivors and the media. A spokesperson for Kraft has said the company is “appalled” at Daiquiri Factory’s unauthorized use of the “Kool-Aid” trademark and is preparing to bring legal action against the bar.

Though I couldn’t find the drink on the bar’s online drink menu, the owner thought he would send a  message to all of the drink’s protesters via Facebook (though the account was deleted as of last night):

We are going to Grape The Entire City of Spokane Tonight! One Grape a a time.. We will Grape your sister.. We will Grape your mother, your brother, your cousin! Then we are going to grape the Spokane River… and that will make enough grape for everyone from here to CDA to Seattle! The Grape will go on and on.. until we Grape The Entire United Grapes of America.. with the Y2KGRAPE VIRUS…. AND THHHHEENNNNNN… WINTER THE EPIDEMIC THE DELICIOUS GRAPE DATE HAS CAUSED TONIGHT STARTING AT 4PM!

In response to angered Facebook readers, the bar commented that “It’s A Daiquiri Bar, not a CANDY STORE! 21 & UP WELCOME!”

How insensitive and tactless can you be? The name is ruthlessly offensive and undoubtedly similar to the registered “Kool-Aid” trademark. So, a) good luck trying to get that legally protected, and b) even if that’s not your intention start thinking of an equally provocative name to get the drink consumed BECAUSE KRAFT WILL EAT YOU ALIVE IN COURT.

Not only does the name trivialize date rape but it demeans survivors with punchlines and gimmicks — and we see where that got Rick Ross. My message to Daiquiri Factory: issue a public apology, change the name, and act before your business starts to suffer. Today it’s covered in Time and Law Street, tomorrow…U.O.E.N.O.

Gena.

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Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Get in touch with Gena via email here.

Featured image courtesy of [Lars Plougmann via Flickr]

Gena Thomas

Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Contact Gena at staff@LawStreetMedia.com.

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