Chapter 420 "Exploding" rebuttal, this is a lawsuit, right?!

On the court court.

Both parties' claims have been stated.

Liang Youcheng, as the presiding judge, sorted out the litigation applications of both parties.

Judging from the litigation application.

It is normal for the plaintiff to apply for a proper lawsuit.

But the defendant's application for litigation is a bit "explosive".

In this trial, the defendant not only refuted the plaintiff's lawsuit.

and also went to the plaintiff to claim 60 million in compensation.

Let's be honest ....

This kind of trial is also very rare in Liang Youcheng's trial career.

But....

The most critical point of this trial is to see whether there is any trademark infringement.

After all.... Whether the claim can be successful, or whether the counterclaim can be successful, is mainly based on this point.

Therefore, although the defendant's court appeal seems outrageous.

However, if the defendant constitutes an infringement of the trademark.

In this case, the defendant's application will be dismissed in its entirety.

Clear your mind.

Liang Youcheng rang the hammer and slowly spoke: "At present, the court applications of both parties have been stated. ”

"The plaintiff sued the defendant for trademark infringement, and in this regard, please cite the facts and evidence on which you relied."

"Okay, Presiding Judge."

This time it was Li Xuezhen who was sitting next to Su Bai who opened her mouth to respond.

Li Xuezhen, as a formal lawyer at this trial, also served as the responsibility of defense.

What Su Bai wanted was for Li Xuezhen to exercise more.

Therefore, in the general statement, the opportunity to speak was given to Li Xuezhen.

It really doesn't work, he goes up again.

Li Xuezhen continued to speak: "Presiding judge." ”

"We have a large number of facts and evidence to prove that the defendant has infringed on the trademark."

"First of all...."

The defendant's company name and the name of his product were sold with the help of the feature "Jordan". ”

"For example: Jordan No. 1, Jordan No. 2 basketball shoes, etc., or Jordan T-shirt, short-sleeved sportswear, etc."

"At the same time.... Based on our survey of consumer awareness. ”

"Judging by this piece of evidence."

"Consumers subjectively believe that the products sold by Jordan Sports Co., Ltd. include but are not limited to basketball shoes, sportswear, etc., which are related to the internationally renowned star Jordan, that is, our party."

"From this point of view, Qiaodan Sports Co., Ltd., the products it sells, have deliberately tied up the personal reputation of our party."

"With the help of our client's fans and fame in China, we can make a profit."

“.….”

Li Xuezhen finished stating this article and did not start to continue the statement.

Zhang Yuan, who was in the defendant's seat, took the initiative to raise his hand and interrupted Li Xuezhen's statement.

"Wait, is the plaintiff done with this statement?"

Li Xuezhen was a little overwhelmed by Zhang Yuan's interruption: ".... That's it. ”

"Alright, then I'd like to ask a question."

Zhang Yuan spoke:

"There is a very noteworthy circumstance in trademark infringement, and that is whether it is intentional or not."

"Trademark infringement is related to subjective intent."

"First of all, when consumers buy the trademark brand items produced by our company, does our company take the initiative to say that this is the brand of a basketball superstar from abroad?"

"That's not true, is it?"

"According to the evidence presented by the plaintiffs, these are the subjective wishes of consumers, and they are willing to think so, not us telling them to think so."

"Consumers want to think, so what does that have to do with us?"

"Then it can't be said that consumers think of foreign basketball superstars, and this matter is implicated in us, right?"

"Our trademark has been recognized by the State Administration for Industry and Commerce, and there is no non-compliance."

"What do consumers think? That's a matter for consumers, and we didn't take the initiative to say how can it be called infringement? ”

"So from this point of view, it doesn't hold true at all, because there is no causal relationship between the two."

“.….”

"One more point, and one more important point."

"That's the name Jordan - is the name Jordan the exclusive name of your party?"

"Is this one name a single collective name at home or abroad?"

"Not really."

"According to your statement, the name Jordan is a name for a well-known basketball star in China."

What is the real name of the party, the so-called "Jordan"? ”

"My real name is Michael Jeffrey Jordan."

"The name has many meanings in English."

"Each one doesn't mean the same, and it doesn't have to be called Jordan."

"From this point of view, does this have anything to do with our China Jordan Sports?"

"There's no need for a causal relationship between the two."

"Could it be that there is a superstar abroad, and his name is so-and-so? We can't use so-and-so to establish and register a trademark? ”

"Can't you use this name as a commodity?"

"Why not?"

"Isn't this a crackdown on our own businesses, if we can?"

"Besides.... His real name is in English, and it has no connection with Jordan when translated. ”

"So isn't it a bit too much for the plaintiff not to let us use the name Jordan to sell goods?"

"Based on the above, it can be seen completely."

"The statement of the plaintiff's lawyer does not contain any objective facts that infringe the trademark."

"We don't think it's necessary to go on this topic anymore."

"Because whether it is from the statement of the lawyer entrusted by the plaintiff, or from the point of view of facts."

"We have not relied on Jordan, and we have not published that the party "Jordan" you have stated has any relationship with our products. ”

"So the evidence provided by the plaintiff's lawyer and others is very unnecessary."

"Isn't it?"

Zhang Yuan's rhetorical question made Li Xuezhen, who was still speaking, fall into silence.

According to the legal conditions, Zhang Yuan's answer did not have any problems.

In terms of subjectivity, this is indeed the subjective voluntary behavior of consumers.

And the name Jordan is not unique, but public, and everyone can use it.

What are the circumstances that cannot be used?

What you can't use is to use the name and use other characteristics related to you.

With the help of celebrities, there is a high degree of overlap to achieve their own profit.

To put it bluntly, what is Zhang Yuan's stated viewpoint?

Zhang Yuan's stated view is that we cannot interfere with the wishes of consumers themselves.

But as long as Jordan Sports Co., Ltd. does not say that this Jordan is a well-known foreign basketball star Jordan, then they do not need to be responsible.

In addition, in terms of name, Zhang Yuan directly denied Jordan's name, which is the name in China.

It can be said that the whole rebuttal is full of sophistry and playing a side ball.

In this case, it is completely taking advantage of Jordan's fame and avoiding the risk of the law.

Kill several birds with one stone, and there is no harm in doing nothing.

More critically.

Although the other party is sophistry, legally speaking, there is no problem with what he said.

Because the subjective wishes of consumers and associations are foreign Jordans.

This is caused by the subjectivity and behavior of consumers.

It is true that there is no causal relationship with Qiaodan Sports Co., Ltd. at this point.

She didn't know what angle to refute.

Take a deep breath.

Li Xuezhen did not continue to plead on this topic.

Because she fell into this topic again, she knew that she still suffered.

Li Xuezhen's little face tightened, and she continued to speak:

"Presiding Judge, we have other evidence to prove the infringement of the defendant Jordan Sports Co., Ltd."

After getting the consent of the presiding judge, Li Xuezhen immediately took out two panels from her side.

One is the flyer model of Jordan's fame - the posture of an aerial dunk.

One is a logo panel of Jordan Sports Co., Ltd.

Li Xuezhen looked at the defendant's seat with a serious expression, and then spoke:

"These two panels are 1-to-1 restoration boards, and one is a model of Jordan's famous flyer, a dunk posture diagram in the air."

"The other is a logo panel for Jordan Sports Ltd."

"Let's compare."

As she said this, Li Xuezhen folded the two panels together.

Jordan's fame flyer template is hollowed out in the middle, folded together with the logo panel of Jordan Sports Co., Ltd.

Exactly fits.

Li Xuezhen held the two matching panels with both hands and spoke:

"From the comparison, it can be clearly seen that the trademark of Jordan Sports Co., Ltd."

"It's 1-to-1 with our client, Mr. Jordan's most famous trapeze pose, which is the position of shooting in the air."

"How should the defendant Qiaodan Sports Co., Ltd. explain this?"

Zhang Yuan smiled unconsciously when he heard Li Xuezhen's question.

How do you explain that?

That's a great explanation!

Zhang Yuan looked at the two panels in Li Xuezhen's hand, and then asked with a smile:

"I'd like to ask the plaintiff."

"The two panels you are holding, the one about your client, Mr. Jordan, are clearly engraved with facial features and related postures."

"But are there any obvious features of our trademark?"

"Your trademark has a distinct character!"

Li Xuezhen continued to speak with a serious face:

"Isn't this trapeze figure holding a basketball a sign of obviousness?"

When Zhang Yuan heard this, his face was filled with a smile that he had won the game in hand:

"The trapeze pose holding a basketball?"

"Yes!"

"It's Jordan's signature move."

Hearing Li Xuezhen's words, Zhang Yuan continued to speak:

"This is Jordan's continued action, well, I would like to ask the plaintiff's lawyer to take a look at another panel."

While speaking, Zhang Yuan also took out two panels, one of which is the trademark of Jordan Sports Co., Ltd.

The other panel is the movement of a faceless person holding a ping-pong racket.

"Please ask the plaintiff's lawyer to take a look at these two panels of ours."

"The significance of our Qiaodan Sports Co., Ltd. trademark is sports, and so is our company, mainly for the sale of sportswear and running shoes."

"That's why there's a sporty meaning in my logo."

"Table tennis is also a widely used sport in our country."

"It's our national sport."

"Please ask the plaintiff to appoint a lawyer to see it clearly."

"Our logo is a person holding a ping-pong racket, understand? It's a ping-pong racket, not a basketball! ”

"Again."

"I don't understand what a trapeze pose is, is this pose exclusive to one person? Or is it a case where a trademark has been legally formed? ”

"If this trapeze pose is a trademark, or if no one else can use it, then we have nothing to say about the infringement."

"We will make immediate rectifications."

"But if it's just a basketball player who makes his standards, or his famous moves, and we hold a ping-pong racket similar to him."

"From this point of view, we do not believe that we have constituted an infringement."

"Why do you say that?"

"Because there is really no identification, or special evidence, that can prove that we have infringed acts."

"The plaintiff can't say that we are suing us for infringement because the action of holding the table tennis racket is similar to your client's famous posture."

"This is not the basis of the law, nor does it meet the conditions for determination,"

"That's my answer to the plaintiff's question."

"I apply to the presiding judge to dismiss the plaintiff's claim."

Zhang Yuan looked at the plaintiff's seat with a smile on his face, and he was sure to win this lawsuit.

Judging from the two cases cited by the plaintiff alone, to be honest, there is not much targeting.

It's easy to refute.

For example, in the trapeze pose, you say you are holding a basketball, I say I am holding a table tennis racket, what can you do?

You say that your basketball is a sport, isn't my table tennis a sport?

I'm still a national sport!

If you want to say that I am not holding a table tennis racket, but insisting that I am holding a basketball, do you have any evidence to prove it?

You don't have any proof to prove it.

Then what I am holding is a table tennis racket, not a basketball, it has nothing to do with you, and it also does not constitute any infringement!

Even the public knows that I'm rubbing the edges, and I'm using Jordan's fame to make sales.

But you have no evidence in law, and I can legally refute you, then I can still use this trademark of Jordan!

Is there a problem?

No problem at all!

For the various evidence of the plaintiff, Zhang Yuan had prepared very well a long time ago.

So when I saw Li Xuezhen take out two drawing boards for comparison.

Zhang Yuan believes that this case is 100% successful because he is ready.

There is no other situation at all.

In the plaintiff's seat, Li Xuezhen couldn't say a word by Zhang Yuan's statement.

So he could only turn his head, blink pitifully, and ask for Su Bai's help.

…

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