Chapter 423 Judgment Core, Defendant: The blow is too big to bear at all

The collegial panel has completed its deliberations and the adjournment has ended.

At present, the views expressed by the three judges of the collegial panel are very consistent.

That is to reject the defendant's statement and adopt the plaintiff's statement.

On the bench of the courtroom, Liang Youcheng, as the presiding judge, slowly spoke: "The adjournment is over." ”

"Now the court session continues."

With the sound of the presiding judge's gavel, I don't know why, Zhang Yuan's mood suddenly became irritable.

Looking straight at the seat of the judgment table, his expression was slightly nervous.

He didn't know exactly how the presiding judge would make a decision, but he always had a faint bad premonition in his heart.

On the other side, the office of the general manager of Qiaodan Sports Co., Ltd.

Xu Fei smiled and looked at the reopening of this open trial.

According to Lin Hai, it is related to the performance of this trial.

If nothing else....

Then it must be decided that their side will win the case on this point of defense.

Lin Hai also told him about the importance of this name right just now, as long as it proves that Jordan is not "Jordan".

Then, in the final judgment of the Supreme Court, they can be regarded as winning the lawsuit.

This time, there will be no other situation in the listing plan.

Thinking of this, the smile on Xu Fei's face was even more, and he was looking forward to the presiding judge's relevant verdict.

Merely.... Compared with Xu Fei, Lin Hai's mood seemed a little worried.

stared closely at the live broadcast room of the trial.

At this time, Xu Fei saw that the presiding judge was reading out the verdict, and said with a smile:

"Now read the verdict."

"There shouldn't be any surprises this time, okay, let's get ready to go."

"That's all it takes...."

Xu Fei nodded with a smile and was about to get up.

But when he heard the verdict read out by the presiding judge, a smile froze on his face.

Only listen to the presiding judge read out the verdict from the bench.

"On the dispute over whether the plaintiff defendant has the right to Jordan's name against the plaintiff."

"The result of the judgment is as follows: based on the interpretation of the right to name and the identification of the public."

The plaintiff's party, "Jordan", is known to the domestic public and fans as Jordan's Chinese name. ”

"According to the interpretation of the law, the right to Jordan's name should be enjoyed."

"It is hereby decided to adopt the content of the plaintiff's statement and reject the content of the defendant's statement."

The magic hammer falls, and the judgment is over.

In the general manager's office of Qiaodan Sports Co., Ltd., Xu Fei's smile froze.

Pointing to the projected courtroom live broadcast room, he asked Lin Hai angrily: "What's going on?" ”

"How did this happen, and why did we reject the court statement on our side?!"

"Director Lin, can you explain?"

Faced with Xu Fei's questioning, Lin Hai didn't know what to say.

From other perspectives, this decision should not have been problematic.

However, the presiding judge made the relevant judgment in accordance with the plaintiff's point of view.

That must have taken into account that they did have a legal sideshow.

Considering that they were in favour of the case, there was a certain amount of undesirable influence.

Or rather, considering that their sophistry is not valid, they dismissed it.

But can this be explained to Xu Fei?

No.

Because Xu Fei wouldn't listen at all.

For Xu Fei, what he wants is a result.

Now that the company's listing is imminent, it is necessary to solve this trademark right issue.

If this decision point fails, the impact on the company is huge.

Whether it's taking responsibility or making the key points clear.

Xu Fei would only think that it was their legal department's problem.

So what Lin Hai needs to do now is to try his best to put the responsibility away.

After being silent for nearly ten seconds, Lin Hai directly cleared the responsibility of the legal department.

"Mr. Xu.... You just saw that.

Whether it is the content of our legal department's statement or our rebuttal statement, it is very exciting.

And you agree with that, don't you? ”

"The reason for this judgment is mainly from the point of view of the presiding judge, who is trying to suppress our company and our legal affairs."

"There's no way around it..."

"Besides."

"At first, I thought that our legal department would definitely win the case, but who would have thought that this kind of thing would happen...."

"I didn't expect that the presiding judge of the Supreme People's Court would make such a judgment."

Xu Fei heard Lin Hai's explanation and frowned slightly:

"Then why did the presiding judge of this final trial reject our statement?"

Lin Hai opened his mouth and came: "This must be trying to suppress us!" ”

Xu Fei's brows furrowed a little more: "You said earlier that this judgment is very important, so do you think we can still win this trial?" ”

Lin Hai shook his head: "Mr. Xu, this is really not good." ”

"The next thing to look at is the defense statement of our legal department, as well as the subjectivity of the presiding judge."

"Mr. Xu, don't worry too much...."

"Hmm."

Xu Fei nodded absentmindedly, sat back on the sofa, and continued to watch the live broadcast of the trial.

…

On the court court.

In the plaintiff's seat, Su Bai exhaled lightly after hearing the judge's verdict.

Regarding Jordan's right to his name, this is decided.

Then some of the follow-up defense content is also better developed.

Let's take the simplest example.

After confirming the right to the name of the party Jordan.

Then it can be confirmed that the profitable sales of Qiaodan Sports Co., Ltd., as well as its company name, infringed on Jordan's name rights and legal rights.

The company can be asked to change its name, and to change the name of the sporting goods sold that contain the word Jordan and to compensate Jordan himself.

Because the right to name is confirmed, it can be confirmed that Qiaodan Sports Co., Ltd. has violated the legitimate rights and interests of Jordan himself by naming Jordan.

On the other hand.... Qiaodan Sports Co., Ltd. is to use Jordan's own fame to carry out sales.

In this regard, it is possible to make a claim and demand a public apology, as well as to make corresponding compensation.

Of course.... Zhang Yuan and Xiao Youzhi in the defendant's seat are also aware of this situation in their hearts.

So when the verdict came down, both of them were in an unacceptable state.

But...

Now the verdict of the presiding judge has come down.

Even if they can't accept this judgment, but it has become a fact, they can't change this result.

We can only recover some losses as much as possible from the subsequent defense.

On the trial bench, Liang Youcheng, as the presiding judge, continued to speak after reading out the verdict:

"The above judgment is the result of the collegial panel's deliberation."

"The first point of the collegial panel's summary has now been determined, and the relevance of the second point is now discussed."

"The second point is whether the trademark of Qiaodan Sports Co., Ltd. infringes on the well-known movement of the plaintiff Jordan, the trapeze pose."

"It's a violation of Jordan's right to image."

"Here, I would like to ask the plaintiff."

"Does the plaintiff have any special identifying evidence that can be provided for the infringement of portrait rights?"

With this inquiry from the presiding judge, Su Bai shook his head: "Presiding judge." ”

"The plaintiff has not been able to produce any special identifying evidence for the time being."

"However, we believe that in this case, Qiaodan Sports Co., Ltd. has infringed Jordan's right to name.

Its trademark coincides with Jordan's well-known trapeze pose. ”

"Although the defendant stated that Jordan Flying Man held the basketball in his posture, in its trademark, the basketball was held high in the trademark, which was a table tennis racket."

"But judging from the court scenario, Qiaodan Sports Co., Ltd. violated Jordan's right to name, so it is reasonable for it to continue to infringe on well-known actions."

"Although the statement of holding a table tennis racket high has a certain degree of reasonableness, it is not suitable for application in the statutory situation."

"The above is our view on the trademark infringement of Qiaodan Sports Co., Ltd."

After Su Bai finished stating the relevant content.

Zhang Yuan sat in the defendant's seat, a little worried that the presiding judge would adopt Su Bai's opinion again.

So he hurriedly raised his hand to signal, and after obtaining the consent of the presiding judge, he opened his mouth to retort:

"We firmly disagree with the plaintiff's view on this point."

"The plaintiff believes that our trademark infringement is because it infringes on the portrait rights of the plaintiff Jordan."

"But what is our trademark? It's a faceless man holding a ping-pong racket! ”

"The plaintiff has raised that we have violated Jordan's right to his name.

The trapeze pose was linked to the corresponding legal situation.

It is believed that our trademark also infringes Jordan's flying man pose, and the infringement of his portrait right is determined.

There is no causal connection at all. ”

"That is, there are no objective facts."

"Furthermore, the trapeze pose of the plaintiff Jordan is not recognizable."

"Therefore, we do not believe that the statutory scenario stated by the plaintiff is correct."

"Based on the above, we believe that the plaintiff's statement should be dismissed."

After Zhang Yuan finished his statement, he looked up at the presiding judge's seat.

He really has nothing to say about the right to his name just now, and he only needs to make a statement in accordance with the provisions of the law.

Is there any basis for rebutting the view?

However, this Qiaodan Sports Co., Ltd. trademark infringes Jordan's portrait rights.

He didn't agree with it at all!

He does not deny that when he was making the trademark, the trademark of Jordan Sports Co., Ltd. was imitated according to Jordan's well-known action trapeze.

But....

There is no special logo on this trademark, what does it mean?

It's just that if you don't think of Jordan's well-known moves.

Then this Jordan trademark would not have any connection with this well-known action.

Other words....

This trapeze's well-known move does not represent Jordan himself.

If it cannot represent Jordan himself, then it does not belong and violates his portrait rights.

If there is no infringement of his portrait right, then it does not constitute an illegality, nor can it constitute trademark infringement.

Then again, why did the presiding judge ask the plaintiff if there was any identifying evidence to prove that the right of portraiture had been infringed?

The main reason is that the flyer does not represent Jordan.

This action is not exclusive to Jordan either.

So from this point .... There is no such thing as Qiaodan Sports Co., Ltd. infringing Jordan's portrait rights.

After the statement, Zhang Yuan waited for the presiding judge to respond relevantly.

They lost the decision on the right to the name, but on the trademark and the likeness.

Their side must not continue to lose!

…

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