Chapter 422: Trial Reversal, Is Jordan's Name "Jordan"?

Seat of the judgment seat.

As the presiding judge of this time, Liang Youcheng listened to Su Bai's relevant declarative supplements.

Nodding slightly.

The content of this case is the focus of the two parties' mutual defenses-

The plaintiff's Jordan name is in China, and there is the issue of whether it has the right to a name.

What does the right to a name look like under the law?

According to the law, citizens have the right to a name, and although the right to a name is not unique, it is identifiable.

The defense has been denying Jordan's right to a name, mainly from what is the source?

It is derived from the fact that Jordan is a foreigner.

It is believed that it does not enjoy the right to a Chinese name.

This can be adopted in accordance with the provisions of the law.

But....

Liang Youcheng served as the presiding judge in this regard.

He had another view on this, and he also needed to listen to the relevant statements of the plaintiff.

"Regarding the relevant statements of the original defendant and the defendant, the court has been aware of it, and the court hereby makes the following summary."

"First, the plaintiff has a dispute over whether the plaintiff has the right to Jordan's name."

"Second: There is a relevant dispute over whether the trademark of Qiaodan Sports Co., Ltd. infringes the plaintiff's famous icon."

"The above is the focus of controversy between the two sides."

"Do the plaintiffs and defendants have any objections to the summary?"

Su Bai: "No objection. ”

Zhang Yuan: "No objection. ”

The gavel sounded.

Liang Youcheng continued to speak: "Since there is no objection between the two parties, is there anything else that the two sides need to further elaborate on the dispute over Jordan's name rights?" ”

"Some presiding judges."

"We have new perspectives that require further elaboration."

Hearing Su Bai's voice, Liang Youcheng asked Su Bai to start stating the relevant content.

Su Bai simply sorted out the litigation materials in front of him, and then spoke:

"We have summarized the dispute over the right to a name, as well as its legal definition, and the defendant's objection to this point."

"We believe that in the dispute over the right to the name, in the dispute over the name Jordan, the defendant's statement has a certain degree of truth."

"But there is no consideration of the relevant factors from the actual situation."

"What is the name of our party? It's "Jordan". ”

From a Chinese point of view, it is true that the word "Jordan" is not included. ”

"Its Chinese translation can only correspond to the word Jordan."

"But what's the actual situation, like what's the reality?"

"The reality is that the name of our party, "Jordan", has a high reputation in our country and is known to the relevant public. ”

"There are many fan groups, and in the relevant news releases and media releases in my country, the word Jordan is usually used to refer to basketball player Michael Jeffrey Jordan."

"This is recognized by the public."

"The word Jordan refers to our party, and it is also well-known and recognized by the public."

"Under normal circumstances, Jordan, a famous basketball player abroad, refers to our party."

"At this point, we believe that Jordan can be used as the name of our client."

"Because the word Jordan is not just a two-word name, but a recognition of our party."

"I think that.... It should be determined that our party has the right to Jordan's name. ”

"Presiding Judge, the above is our opinion."

Su Bai's stated views are stated from the public's cognition.

Because it is very troublesome and difficult to make relevant determinations in accordance with the laws and regulations.

The conditions are very demanding.

So from the perspective of this statement, is Su Bai's statement detached from the legal basis?

Not really.

According to the detailed explanation of the right to a name, the right to a name is an identifiable identity.

The public's perception of the plaintiff "Jordan" is that the Chinese name is Jordan's name.

From this point of view, there is no basis for departing from the law.

Therefore, there is nothing wrong with Su Bai's statement and has legal effect.

Liang Youcheng, who was on the trial bench, turned his head to look at the defendant's seat after hearing Su Bai's relevant statement.

"Is there anything the defense would like to add?"

At this time, Zhang Yuan frowned when he heard Su Bai's relevant statement.

From a legal point of view, there is nothing wrong with what Su Bai stated.

This is also the most critical issue - can the presiding judge approve of Su Bai's statement?

In his opinion, it must not be!

Because in the previous first and second trials, their side won the lawsuit.

It is because Jordan's name rights have not been confirmed, and there is no infringement of portrait rights.

If it is said ....

Confirming Jordan's right to his name, in this case, they, as the defendant, will fall into absolute passivity.

Come to think of it.

Zhang Yuan raised his hand and signaled: "Presiding judge, we need to express our opinions." ”

"Excuse me to ask the defense to make a statement."

Zhang Yuan spoke: "We maintain a different view from the plaintiff on this point of view. ”

"We believe that according to the law, citizens should have the right to a name."

"But is the plaintiff a citizen of our country? He is not a citizen of our country, so he does not have the right to my name. ”

"On the above point, we believe that the content of the plaintiff's statement should be dismissed."

When Zhang Yuan finished his statement, Su Bai raised his hand and signaled: "I want to ask the defendant to be clear." ”

"What is the judicial interpretation of the right to a name and what is its significance?"

"The meaning of this is to be known to the public and the general public as an identity."

"What is the word Jordan in the perception of the media and the public community?"

"It's a foreign star, that is, our party."

"So at this point, why can't we have the right to their name?"

"Moreover, the defendant relied on the general principles of the civil law, and we relied on the civil code."

Zhang Yuan wanted to refute, but was interrupted by Liang Youcheng striking the magic hammer.

"The defense will pause its statement for a moment."

"Here's a question for the defendant, who doesn't recognize the plaintiff's right to a name."

"In addition to Article 99 of the General Principles of the Civil Law, what other judicial interpretations are not available?"

Zhang Yuan shook his head when he heard the presiding judge's inquiry: "We have no other legal explanation. ”

"But we believe that the right to a name is a right that only Chinese citizens enjoy."

"Okay."

Liang Youcheng nodded: "Regarding whether the plaintiff party has the right to Jordan's name." ”

"The original defendant and the defendant have completed their statements, and the collegial panel needs to conduct a collegial discussion on this."

"Now the court is adjourned!"

With the sound of the hammer, it entered the adjournment stage.

Su Bai heard the sound of the gavel of the adjournment, and exhaled softly in his heart.

The court is now adjourned and the collegiate proceedings are entered.

That shows that the presiding judge has a certain tendency towards the plaintiff's statement, that is, he just made.

Otherwise, it will be rejected just now.

There is no need to adjourn the court for collegiate deliberations.

Because in the process of the first and second trials, Li Han's lawyer also mentioned the relevant content.

However, it was directly rejected by the court.

As long as it enters into a collegial discussion, the problem of this case is not very big.

At the very least, it is certain that the presiding judge has a corresponding bias on this view.

It's just that compared to the ease of the plaintiff's seat.

In the defendant's seat, Zhang Yuan and Xiao Youzhi's expressions were a little dignified.

In the first and second instance, the presiding judge did not hold a collegial discussion on the relevant issues!

But now.... Why is it suddenly necessary to have a collegiate discussion?

Is it time to adopt the plaintiff's statement?

Thinking of this, Zhang Yuan and Xiao Youzhi couldn't help but glance at each other.

You can see a trace of solemnity and worry in each other's eyes.

This solemnity and apprehension contrasted sharply with the ease with which sophistry was used to refute at the beginning of the trial.

Outside the venue, the audience who broadcast the live trial was also curious about the verdict that followed this collegiate discussion.

Speculation began to be made about what would happen in the end.

How to determine if Jordan has the right to Jordan's name.

However, there are also people in the comment section who state such similar cases.

In the past, there were many trademark dealers who would preemptively register the trademark of someone's name when they became famous.

for profit.

Later, in the relevant regulation of the Trademark Law, there was a trademark dealer who registered the trademark of a certain celebrity.

In the end, the defendant went to court and ruled that the trademark dealer knew the law and violated the law, and ruled that his trademark was illegal and dismissed.

This case is similar, but Jordan is not a citizen of the country.

Therefore, in response to this, many lawyers in the comment area are also unable to confirm what kind of legal interpretation the presiding judge will adopt in the end.

However, one thing can be confirmed, and that is if the plaintiff's statement is adopted.

At least in the case of trademark squatting, there will be fewer unscrupulous trademark dealers.

The implementation and specific content of the Trademark Law are further standardized.

In the barrage in the live broadcast room, many lawyers expressed their opinions, and they summarized it very well in all aspects.

Meanwhile.

The General Manager's Office of Qiaodan Sports Co., Ltd.

At this time, Lin Hai had a slight feeling in his heart.

Because he also knew in his heart that if the presiding judge wanted to dismiss the plaintiff's claim, he would dismiss it on the spot in accordance with the relevant laws.

But now it's time to get into the collegiality.... Then it is clear that there is a controversy on this point, with a different opinion.

How to say it....

In this case, Lin Hai is also worried that the presiding judge will adopt the plaintiff's statement.

Lin Hai was very worried in his heart, but Xu Fei was very excited.

Because.... He doesn't understand the law, and thinks that the legal department personnel did well in this trial.

is happily sharing his views with Lin Hai.

"This time, your legal department is doing well."

"Now that we have entered the adjournment of the court, will we be able to announce the rejection of the plaintiff's various claims after the trial?"

"Yes!"

"Very well done."

"I was still telling the board of directors that continuing to fight the trademark lawsuit might affect the company's listing."

"But now it seems that I don't have to worry about what your legal department is doing, which makes me very satisfied."

"Not bad!"

Xu Fei praised Lin Hai without hesitation.

Lin Hai smiled and nodded stubbornly: "Thank you, Mr. Xu, for the compliment." ”

At this time, although he had a bad feeling in his heart.

But....

Now it is only a collegiate discussion, and he cannot confirm what the final result of the Supreme Court's collegiate deliberation will be.

He can't say, Mr. Xu, I think there is a problem with the collegiate discussion of the trial this time, we may lose the case....

So....

According to Xu Fei's expectations now, this trial must not be lost.

Otherwise.... It is estimated that if the listing plan of Jordan Sports Co., Ltd. is stranded.

There is a good chance that their legal department will be disbanded in situ.

Thinking of this, Lin Hai couldn't help but sigh secretly, and at the same time looked at the live broadcast room that was entering the adjournment stage, and silently thought in his heart:

"I hope there aren't any other surprises...."

.

….

Discussion room of the collegial panel.

Liang Youcheng sat on the sofa and looked up at the two judges who were much younger than him.

opened his mouth and asked: "This judgment, you are very critical in this case. ”

"The main thing is to determine whether the name Jordan is the name of the basketball star in China."

"Zhang Shulin, Feng Feng, do you two have any opinions...."

Zhang Shulin, as a judge of intellectual property rights and trademark property rights, expressed his opinions on the relevant circumstances of this case.

"This case.... I won't talk about anything else for now. ”

"Just look at the performance of Jordan Sports and its practices."

"Obviously, it is to use the fame of foreign sports star Jordan in China to sell its own products to obtain benefits."

"I guess that's beyond doubt, right?"

Liang Youcheng nodded: "Well, there is no doubt about this, and the influence caused is very bad." ”

Zhang Shulin continued to speak: "Qiaodan Sports Co., Ltd.'s approach is indeed rubbing the edge of the law. ”

"Let's not say much about this point, but then talk about the plaintiff's explanation of the public's identification of a certain person, which can be called his name."

"I don't think there's anything wrong with that, according to the interpretation of the law."

"Civil law is not like criminal law, it has rules and regulations, it has a high level of understanding, and I personally think there is no big problem."

Liang Youcheng nodded after hearing Zhang Shulin's point.

"Actually, my views tend to be in favor of the plaintiff."

"This is in the Supreme People's Court, and some of the cases adjudicated by our Supreme Court are typical.

Some content for the defense.

Although there is some evidence, it is not comprehensive, and most of it is sophistry. ”

"In terms of influence, I'm more inclined to the plaintiff's view."

"This is my statement, what about Feng Feng, what do you think?"

Feng Feng smiled and spread his hands: "I don't have any other opinions." ”

"As for the defendant's behavior on the edge of the law, there is no specific relevant law at present, but it is certainly not tolerated."

"Well, good!"

Liang Youcheng nodded after hearing the statements of the two.

As the Supreme People's Court, they need to consider a lot of things when hearing the case, and they need to be very comprehensive.

After all, in some marginal laws, they have to make statements and specific propositions.

Like this case ....

If they follow the defendant's line of thought to determine the right to a name.

What are the consequences?

The consequence is that in the first instance, the court of second instance will take this case as an example.

Many registered trademarks will be used as legal acts.

Serious adverse consequences.

So this case is both from a legal point of view and from an impact point of view.

The legal advantage of the defense is very small.

From this point of view, the relevant rejection of the defendant's statement is required.

.

….

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(End of chapter)