& nbsp; & nbsp; & nbsp; & nbsp; [Chinese shoes Network - brand observation] According to the Jordan Sports Co., Ltd. (hereinafter referred to as "Jordan Sports") information disclosed in the prospectus, Nike International Ltd (hereinafter referred to as "Nike" ) on the "Jordan" trademark opposition and review proposed by the State Administration for Industry and Trademark Review and Adjudication Board (hereinafter referred to as "TRAB") rejected the reason is that the judges said: "Nike's not enough to prove in front of the opposed trademark registration, citation MICHAEL JORDAN has become a trademark on goods in China is widely known to the relevant public and enjoy a high reputation of well-known trademark clothing, while athlete Michael? Jordan only has a certain reputation in the field of basketball, but Jordan is the Anglo-American common surname in Other areas Li Qiaodan except basketball does not have a unique corresp cheap jordan shoes for men ondence with athletes Michael? Jordan. visibility athletes can not be equated MICHAEL JORDAN trademark visibility in the clothing, footwear, headgear commodities. "
I believe that the judges are identified and rulings debatable.
First, the judges should not be in written correspondence negative public perception of correspondence
Michael Jordan, the famous American basketball star, the Chinese translation for Michael? Jordan. Since China's public alerted Michael? Jordan began its people, the media and the public will have been "Jordan" appellation him, although there are a lot of foreigners surname Jordan, but by the Chinese public to "Jordan" called it, Michael? Jordan should be the first one person.
? As the Chinese people's habits title, is so called foreign celebrities, there are many, such as former US President Bill Clinton, Clinton called the Chinese public;?? US President Barack Hussein Obama, is directly call Retro jordans for sale ed Obama etc. These titles after being prescriptive, and specific figures on the establishment of a unique correspondence. In fact, whether Chinese name or English name, are identified by name, only because of the different ways appellation East-West cultural differences, caused Chinese person's name is the last name after the first name and the English name is just the opposite. Typical examples, such as Chinese basketball star Yao Ming title in the United States, the Americans called Yao Ming YAO, Yao Ming's jersey is printed YAO. Thus, because of Yao Ming's popularity in the United States, according to the American people appellation habit, YAO is especially "Yao Ming" instead of an ordinary Chinese surname.
So, with Michael Jordan? Jordan whether having a unique correspondence, depending on the language habits and the general public express awareness, rather than on the text itself correspondence. Michael Jordan as the Retro jordans for sale upper nineties they prestigious in the world famous American basketball star, not only in the Chinese sports community has wide influence, which I also love the Chinese public, is the idol of many people of that generation, China's media, the public in accordance with the customary call on various occasions are the Chinese translation of his last name "Jordan" to call him, and the general public in reference to "Jordan" or see the "Jordan" title when the first reaction is to Jordan and Michael? Jordan equivalents, so from the perspective of public perception, "Jordan" is "Michael?" "Michael?" is the "Jordan", the only correspondence between the two can not be obliterated. The judges in written correspondence to deny the correspondence public awareness, I think does not comply with the basic principles of trademark registration shall not prejudice the rights of others in priority.
Second, the judges did not take into accou cheap jordans online nt the identification and Jordan sports the "Jordan" text, graphics and Arabic numerals 23 combined use of improper motive
Although Jordan sports on the one hand claims to be with Michael? Jordan is not related, and the Jordan belong to Europe and common name, with Michael? Jordan is no corresponding relationship, but on the other hand, Jordan sports a graphical registered trademarks used, not only A SPLM basketball action, while Jordan sports still using "23" this figure their goods. As we all know, Michael? Jordan's jersey number is the year 23, the text, graphics, numbers together, is bound to produce consumer products and Michael Jordan sports? Jordan hinted effect relationship exists, and in this implied next, so that consumers confused and mistaken its source products so that the basic function of a trademark to identify lost.
Thus, when the judges of the Nike "Jordan" trademark dispute, the objective should not on cheap jordans for sale mens ly consider the public perception trademark, Jordan sports should also be considered when the trademark registration intentionally mislead consumers improper motive. However, the judges did not take into account the objective reality of the situation, only Jordan and Michael? Jordan does not have a correspondence between the two words, to simply skimming correspondence between the two, in fact, I believe that the identified irregularities.
Third, the judges did not identify well-known Nike trademark reasons cited analysis
TRAB in reexamination Nike's opposition, not be identified on the cited mark Nike, I believe that may be based on the following factors:
First, based on the evidence submitted by Nike. The judges found the evidence in the well-known trademark, the general evidence was cited before the filing date of the opposed trademark has been well-known trademark shall prevail. Before Nike could not quite provide cheap jordans for sale the disputed trademark filing date, which cited evidence already well-known trademarks in China, leading to its objection to the application is not supported.
Second, the social effects considerations. As the executive, the judges in deciding whether to set up a trademark dispute, will be combined with the law and social effects of a decision is made. Considering the complaint was using the situation in trademark dispute in China, to maintain a stable market economy order point of view, if the judges revoked Jordan sports "Jordan" trademark, will have a significant negative impact on the business, is not conducive to the enterprise stable development for staff employment and promote economic development negative factors.
Fourth, Nike did not take judicial relief procedures, resulting in "Jordan" trademark was put on the legitimacy
Nike TRAB dismissed after a review of trademark opposition, did not take judicial relief cheap foamposites program administrative proceedings to the court. I believe it may be out of consideration the following aspects:
1, worried about damage to corporate image litigation fails
a lawsuit, especially the more influential litigation, for any company is not a popular thing, not only will involve a lot of time and effort, and if not handled properly, will make the entire company's image suffered bad The negative impact. Nike company as an internationally renowned company, must be very aware of this, so when Michael Jordan hit a trademark dispute, even if the judges an adverse ruling, this is only a specific administrative act of an administrative organ only, less negative impact on Nike, if rush into litigation, as well as no breakthrough in the evidence in favor of no greater certainty when Nike had to give judicial relief.
2, the lack of confidence of Chinese law
China's laws, in particular in the field of intellectual pro Cheap air jordan 12 ovo perty law, most of them from the international conventions and foreign law, contrast, less mature and improve. Some foreign companies due to the awareness of Chinese law is not enough, sometimes in accordance with national laws or international conventions, etc. to judge some of the acts in the territory of China, however, there is often a gap between the final results in accordance with Chinese law and its self-judgment, which resulted in a foreign Enterprises in China suffered a dispute, the first will take into account China's legal system and judicial environment. Such as trademarks, some foreign companies that own very well-known trademarks in the world, to focus only on their own English trademark registration protection, ignoring the Chinese word for trademark protection in China, and when there is trademark dispute in China after he was unable to press Chinese law requires evidence to prove effective, it will result Cheap air jordans for sale in favor of the difficulties. For example, the judges and the courts in trademark dispute cases, determining whether trademark constitutes a trial basis cited well-known trademarks, it is to look at before the filing date of the disputed trademark, whether the trademark has been cited well-known in China as a proof point in time. But generally foreign companies rarely take note of these, over time, will generate a lack of confidence of Chinese law, and therefore, when the need for litigation, will be prudent measure.
3, determine the brand value of
Michael? Jordan is ultimately retired basketball star, for the Chinese market in terms of sports, Michael Jordan himself gradually reduce the commercial value. If the launch together with more controversial lawsuits in China, such as the end result of Nike's negative, then further negative impact on Nike's brand sales. In addition, Nike also owns many well-known brand of activ e athletes, from the stable Chinese market sales strategy considerations, it may also be one reason you do not select Nike proceedings.
In summary, Nike and Jordan sports on trademark dispute "Jordan" trademark, in addition to the judges to consider evidence itself, the administrative factors and Nike's own litigation risk considerations about the final result. Today, Michael? Jordan himself because Jordan sports for themselves and their two children, unauthorized use of names have been filed against Jordan sports in China litigation, Nike may consider take the wind, and Michael? Jordan, together again on the "Jordan" trademark attribution fight, perhaps this time the results will be different. (Chinese shoes Network - the most authoritative and most professional shoe News Media Partner: shoes famous network & nbsp; global fashion brand network & nbsp; China Garment Network.)New Balance design team recently selected the best and most classic black and gray color for its shoes 572 launched a new version. This section uses the grey suede shoes and first-class production, with white leather and the collocation, and black suede N word Logo is very warm.
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2014-10-15 New Balance 57200 09:38 uploadInnovation of the classic sports brand PUMA, recently released a product called Arial new shoes. As a supplement to the brand 2015 spring and summer series, Arial in appearance is from the 90s classic R698 transformation, and the use of lightweight breathable mesh material with a suede shoe body, with the side of the leather Form Stripe and triangular hollow rubber shoes fixed body, finally equipped with TPU sole unit and IMEVA showed thick rubber soles. It is reported that the new Arial will be on February 14th landing Office, ASOS, SCHUH and Foot Asylum and other designated retailers, the first wave of lead white and gray two colors, each priced at 60 pounds.
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