Chapter 419 Trial: Reverse Claim of 60 Million, It's Really Yours!

The atmosphere in the Supreme People's Court is not harmonious.

It can be regarded as an unhappy breakup, and the mediation fails.

The reason for the failure of adjustment is also very simple, that is, it cannot be discussed.

Because what is the claim pursued by the plaintiff, that is, Li Han?

The pursuit is to protect Jordan's trademark rights and rights such as portrait and reputation.

The most important thing for Qiaodan Sports Co., Ltd. is the trademark right, that is, the trademark and fame of "Jordan".

After all.... According to the current situation, Qiaodan Sports Co., Ltd. has been able to develop to its current scale.

It can't be said that it is all, but in the vast majority of cases, it is with the help of the trademark "Jordan" that the current scale of development has been achieved.

If they lose the trademark lawsuit, then the loss is too great for them.

Even if you lose a lawsuit, you can't accept this situation, let alone in mediation.

Jordan Sports Ltd. is obviously not going to accept this either.

Therefore, in this mediation, Zhang Yuan will never agree to this mediation request.

Mediation naturally fails.

And what is the more important point?

More importantly, Zhang Yuan believes that Qiaodan Sports Co., Ltd. will definitely not lose the lawsuit.

Whether it is the first instance, the second instance or the final trial of the Supreme People's Court.

Why accept such an unequal mediation scheme in such a situation that is beneficial to them?

Obviously completely unacceptable!

When mediation fails, the parties prepare a mediation room.

After Su Bai stood up and left silently, he needed to confirm and sort out the evidence materials of the Supreme People's Court's final trial again.

As a matter of fact....

What is the most important aspect of litigation in this case?

One of the most important things is to confirm whether the trademark should belong to the star Jordan.

This is the central argument in this case.

As for the rest .... In the debate over trademark recognition, it is not so important.

Out of the Supreme Court.

Su Bai turned his head and glanced at Li Xuezhen:

"Let's go.... If you want to win this case, it is not so easy, and you still need to confirm a lot of evidence. ”

Li Xuezhen nodded, her eyes full of joy: "Confirm the evidence?" Good lawyer Sue! ”

"But..."

"Do we need to play something this time?"

Su Bai: "? ”

What to play?

Co-authored the last time Linshui University campus played a couple to collect evidence, so that Li Xuezhen wanted to continue?

Looking at Li Xuezhen with joy in her eyes, Su Bai shook her head: "You don't have to play anything." ”

"It's good to just be a street passerby and interview reporters."

When Li Xuezhen heard Su Bai's words, she couldn't stop feeling lost on her little face.

With a soft sigh, he slowly followed behind Su Bai.

I thought to myself: It's a pity.

Otherwise, this time on a business trip... Stay in a hotel....

Li Xuezhen shook her little head and didn't continue to think about it, her eyes were full of pity.

…

Back at the law firm, Su Bai and Li Han briefly explained the results of the current mediation in the court.

And the mediation was informed that there would be no result.

The only way to determine the loss of Qiaodan Sports Co., Ltd. and confirm the composition of Qiaodan trademark can only be determined through the trial.

Li Han also understood this, and did not say too much, but had a more detailed discussion with Su Bai in terms of appeals.

Soon, after everything was ready, this time the Jordan trademark case also ushered in the trial.

And because of Li Han's strong advocacy, Su Bai applied to the Supreme People's Court for an open trial.

The Supreme People's Court granted the application.

Court day, Northern Capital.

At the court hearing of the Supreme Court.

After the trial, a lot of viewers poured into the live broadcast room.

Some of them are for Jordan and Jordan Sports Co., Ltd.

There are also some who are coming to sue Su Bai.

Now Su Bai's fame in the legal circle, as well as his influence on short videos and the Internet, are very large.

Therefore, every court trial and every public trial will attract a lot of attention.

This time was no exception, as soon as the trial began, a lot of barrages emerged on the barrage of open court hearings.

"I have learned about this trial in advance, Jordan and Jordan Sports Company have a lawsuit, and they have also hit the Supreme Court, which is really good!"

Others: "It's not.... Isn't Jordan Sports a foreign brand? ”

"Is the name Qiaodan Sports so deeply rooted in people's hearts? Isn't this a domestic deck factory?! ”

"It's the first to be the master, it's yes!"

"It is recommended that you learn more about the specific situation of this case!"

"Haha, I'm sorry, I'm sorry, I just understood, this Jordan Sports Company is too good at playing, right? Directly registering a trademark with someone's name, isn't this an infringement of someone's right of authorship? ”

"To be honest, this group of people can play, and directly use the names of celebrities to advertise naturally! I didn't know that I thought it was a company opened by Jordan! ”

“.….”

There are a lot of various sounds in the barrage.

But without exception, they are all ridiculing Jordan Sports.

and also ridiculed that this is the "real Jordan" to fight the fake "fake Jordan".

Meanwhile.

The preparation for the trial on the court floor is fully prepared.

Bench on the judging table.

After sorting out the relevant materials, the presiding judge Liang Youcheng began the lawsuit.

This lawsuit mainly concerns the ownership of the trademark and whether the trademark of Qiaodan Limited is in violation.

Whether the Jordan trademark of Qiaodan Sports Co., Ltd. was obtained in violation of laws and regulations, and whether it should be returned to the real Jordan himself, this scenario and situation were discussed.

The elements of the determination are simple, but the situation is more complex.

It is necessary to test the presiding judge's determination of the trademark and related matters.

Liang Youcheng is also mainly responsible for the legal trials of trademark rights and portrait reputation rights in the Supreme People's Court.

So this time, the court arranged for him to serve as the presiding judge this time.

The hammer sounded.

Liang Youcheng spoke: "In this trial, the plaintiff Qiaodan acted as an agent to sue the defendant Qiaodan Sports Co., Ltd. for infringing its trademark. ”

"The impact and harm caused to the plaintiff is huge."

"The Supreme People's Court will conduct the final trial of this trial."

"Now, please begin to state your claim and the legal basis on which it is based."

"Okay presiding judge."

Su Bai sat on the bench, had already sorted out the relevant litigation materials, and began to state his demands:

"Presiding Judge, our legal statement is as follows."

"In this case, we believe that the name "Jordan" used by the defendant Qiaodan Sports Co., Ltd. has a high degree of overlap with the agent "Jordan" entrusted by us. ”

In addition, the defendant Qiaodan Sports Co., Ltd. also used the fame of "Jordan" in domestic sports basketball to sell its sports brand. ”

"constitutes a profit-making act."

"And subjectively there is a deliberate act."

"The specific facts of trademark infringement have been reached."

"Based on the above."

"We believe that the defendant, Jordan Sports Co., Ltd., constitutes a fact that infringes on the rights and interests of our party."

"Therefore, I request the presiding judge to judge that the trademark of Qiaodan Sports Co., Ltd. is an illegal trademark obtained by infringing the rights of others in light of the relevant facts."

"It is an invalid trademark and cannot be used for commercial use."

"At the same time, we will be compensated in accordance with the relevant legal provisions."

"And demand that Jordan Sports Co., Ltd. take responsibility for a public apology."

"Specifically, Qiaodan Sports Co., Ltd. does not have any agency association and connection with Jordan itself."

"Because this lawsuit is a lawsuit caused by Qiaodan Sports Co., Ltd. for infringement of our rights."

"Therefore, based on this, we ask the court to order Qiaodan Sports Co., Ltd. to bear all the costs of this lawsuit."

Su Bai's statement was brief.

To put it bluntly, it is to show that the trademark of Qiaodan Sports Co., Ltd. is an illegal trademark, and the presiding judge is requested to make a judgment.

and to carry out a series of claims, as well as to claim the costs of the litigation of Jordan Sports Co., Ltd.

Litigation costs are drawn as a percentage of the amount of the proceedings.

This time, the amount of litigation involved is relatively large, so this is also a large amount of litigation costs.

It's just that....

When Su Bai made a statement of relevance, the defense entrusted a lawyer's seat.

Zhang Yuan and Xiao Youzhi didn't seem to care at all, and even Zhang Yuan was still laughing at something unknown.

It seems that he does not agree with Su Bai's statement in the slightest.

Bench on the judging table.

After hearing the plaintiff's claims, Liang Youcheng set his sights on the defendant's seat again.

"The defendant, the plaintiff has already stated the corresponding court claims."

"Now please state your claim and the relevant facts and legal basis."

"Okay presiding judge."

For this final trial, Zhang Yuan and Xiao Youzhi have been prepared for a long time.

After hearing the presiding judge's words, Zhang Yuan immediately spoke:

"Presiding Judge, we do not agree with the accusations made against us by the defendant."

"First of all, we don't agree, we infringe on Jordan's trademark."

"Because our registered trademark is China Jordan, it has nothing to do with the plaintiff's so-called Jordan."

"On this basis alone, we do not agree with the plaintiff's claim."

"The plaintiff's lawsuit against us is completely fabricated."

"It's a very big damage to our reputation."

"Some domestic buying groups have bought China Jordan, and he may just recognize the brand of China Jordan, rather than the so-called fame of basketball stars."

"Again."

"What is the relationship between our trademark and the plaintiff's party?"

"Not at all!"

"Therefore, as for the plaintiff's claim, we believe that it can be completely dismissed."

"In addition.... Presiding Judge, we also want to make a request at this trial. ”

"That is, the plaintiff has repeatedly stated in public that we have misappropriated its trademark to endanger our market reputation and reputation, and have caused huge commercial losses to us."

"We are asking for compensation."

"Ask the plaintiff to compensate us 60 million yuan."

"The above is the content of our claim."

When I heard Zhang Yuan's lawsuit application.

In the plaintiff's seat at the trial, Su Bai felt normal at first, but later on, it became more and more wrong.

？？？

Demanding 60 million RMB compensation from the plaintiff for the infringement of the defendant's reputation?

Boy!

The defendant demanded 60 million in compensation for the loss of reputation of the plaintiff!

The defendant's request is really daring!

Is this a bite back?

On the other hand, many people who watched the live broadcast of this trial were also shocked by the defendant's statement.

"What's that? Crazy, right? The defendant actually offered to let the plaintiff let the "real Jordan" pay him 60 million yuan?! ”

"If this is really a judgment, it will really set a historical precedent!"

"Hahaha, there is a feeling that the fake Li Kui punched the real Li Kui to death!"

"I have to say that the defendant's request is really excessive, let the family compensate 60 million, how can he have the face to speak?"

"Laugh and laugh, but if the trial is decided in favor of the defendant.

Then it is really possible that the defendant's application will be agreed and accepted by the court! ”

"? Isn't that a complete bully, and it still makes people lose money? Is it so outrageous? ”

"Outrageous indeed.... But it still depends on the verdict, this trial has just finished stating the litigation claims, and let's take a look! ”

Zhang Yuan didn't know about the things and discussions outside the trial.

But he knows .... As long as the court decides against the plaintiff.

Then they can claim the 60 million loss of goodwill.

And for this final trial, they have made full preparations.

So.... Basically, there are no surprises.

All claims are within its control.

Thinking of this, Zhang Yuan looked at the plaintiff's seat, and couldn't help but think silently in his heart.

As a criminal lawyer, what are you involved in a trademark case?

In the criminal field, Ling is the top in the country, but in trademark cases, can you still win the case?

Possibly?

No way.

Zhang Yuan looked at Xiao Youzhi and smiled, the two of them were interested in the outcome of this trial.

Truth be told, they're sure they won't lose the case.

After all.... Experience in the first and second instance.

…

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