Chapter 424 Makes a Court Statement, Closes the Court!

On the trial bench, Liang Youcheng listened to the defenses of both sides and made a certain summary.

This time, the defense point of both parties was whether the trademark of Qiaodan Sports Co., Ltd. infringed on the portrait rights of Jordan himself.

The most crucial point of the judgment has just been stated by the defense.

The most critical point to determine is whether the trapeze pose is unique to Jordan.

This.... Apparently controversial.

However, according to objective facts and objectively correct.

Is the trapeze pose unique to Jordan?

Definitely not.

This trapeze pose can only be said to be a signature move of Jordan, not a unique one.

Because movement is diverse, it is not exclusive to any one person.

If it is an exclusive act, it will not work legally.

And, most crucially, the plaintiff's statement is well known to the public.

What is known to the public?

The public is known to the public as Jordan, the iconic act of the man himself.

Instead of this action, it is a unique act.

And Jordan did not use this to apply for a trademark in China before, so this action is not protected by domestic law.

However, on this issue, Liang Youcheng temporarily suppressed it.

At present, in the court trial, the defenses of both parties have actually entered the later stage.

If we continue to state this, there will be no other point of view.

In summary, after the parties have decided on the right to the name.

Whether Qiaodan Sports Co., Ltd.'s trademark infringes Jordan's own portrait rights is actually not much debated.

If there is no substantial evidence, then the defence of both parties basically ends there.

Come to think of it.

Liang Youcheng rang the gavel and looked at the plaintiff's seat:

"Let me ask you one more question."

"Can the plaintiff produce practical evidence to prove that you, that is, Jordan's well-known action trapeze, have infringed the portrait right by the trademark of Jordan Sports Co., Ltd."

"The plaintiff is not allowed to mention other matters, only needs to produce actual evidence."

Facing the presiding judge's question, Su Bai took a deep breath, and then shook his head:

"Presiding judge, we have no actual evidence."

"That's good!"

"The plaintiff has no substantial evidence, so it is now not decided whether the trademark of Qiaodan Sports Co., Ltd. infringes Jordan's portrait right."

"Now let the parties begin their court presentations."

The presiding judge was heard requesting a court presentation.

Su Bai also had a rough guess about the final verdict of this trial.

Needless to say, the right to a name has been determined.

The second point is whether the trademark of Qiaodan Sports Co., Ltd. infringes Jordan's portrait rights.

Based on the current scenario, it is very likely that the presiding judge will not favor the prosecution, that is, their side will win the case.

Why?

Because the presiding judge twice asked the plaintiff whether there was substantial evidence to prove that the right of portraiture had been infringed.

It can already be confirmed that the presiding judge wants substantial evidence to prove that the right of portraiture has been violated, otherwise it will not be supported.

The plaintiff was unable to produce any evidence.

Because the defendant, Qiaodan Sports Co., Ltd., did apply for a trademark under the guise of rubbing.

And Jordan's famous flyer action is not his unique action.

That said, this famous trapeze move is not its exclusive right.

Therefore, in this regard, it is very likely that the court did not support Qiaodan Sports Co., Ltd. in infringing Jordan's portrait rights.

The plaintiff's application was dismissed.

Of course, this is not to say that the presiding judge's decision is wrong.

Instead, Jordan Sports Co., Ltd. did avoid certain risks.

Thinking of this, Su Bai exhaled lightly.

On the second point, whether Qiaodan Sports Co., Ltd. infringed Jordan's portrait rights.

In terms of the whole appeal, it is not very necessary.

Because the compensation for infringement of portrait rights is very low, the income brought by the trademark is also very low.

Qiaodan Sports Co., Ltd. uses the name Jordan to obtain profits, and its trademark is only a part of it.

From the overall .... Regardless of whether the judgment is made and whether the trademark infringes the portrait right.

will not affect the final verdict.

That is, according to the claim, Qiaodan Sports Co., Ltd. violated Jordan's right to name.

Just based on this ....

It is completely possible to achieve the litigation application previously stated by Su Bai.

This is also the point of the court's presentation.

Of course....

The Supreme People's Court ruled on Jordan's right to a name.

Then the defendant is in the initial litigation application.

The request for compensation of 60 million yuan from the plaintiff can be completely dismissed.

Conversely, after the defendant's claim for compensation from the plaintiff was dismissed.

The plaintiff can also make a sky-high claim against the defendant, Qiaodan Sports Co., Ltd.

On the bench, the presiding judge continued:

"Please make a statement to the court first."

"Okay, Presiding Judge."

Facing the presiding judge's request, Su Bai nodded.

After sorting out the appeal materials in front of him, he began to make a statement in court.

"I have stated the following before the Court:"

"In this case, the court has now ruled that Qiaodan Sports Co., Ltd. has infringed the name rights of our client, Mr. Jordan."

"This is a confirmed fact."

"And."

"Since its establishment, Qiaodan Sports Co., Ltd. has repeatedly used the name rights of our party Jordan to name the goods it sells."

"Using the name of our client, Jordan, to set up a company for profit."

"In specific circumstances, with the help of the name of Jordan Sports Co., Ltd. and the naming of its products as Jordan XX."

"A sales method that makes consumers mistakenly think that it is a unique brand in which our party Jordan participates and pays for it."

"From this point of view, the actions of Qiaodan Sports Co., Ltd. have seriously infringed upon and affected and infringed on the reputation and credibility of our client, Mr. Jordan."

"It seriously violates our rights and interests."

"Qiaodan Sports Co., Ltd. uses our reputation and image rights to seek corresponding benefits for itself."

"From this point of view, Qiaodan Sports Co., Ltd. is making profits for itself in the previous legal acts."

"There is a deliberate nature and there has been a definite violation of the law."

"Our appeal to Qiaodan Sports Co., Ltd. is to demand corresponding legal compensation and make a public apology."

"From a legal point of view."

"Our request is very reasonable, and the presiding judge can take into account the starting interests of Qiaodan Sports Co., Ltd. and the rights and interests infringed by us to judge our claim."

"Presiding Judge, the above is our court statement."

Su Bai's statutory statement is relatively simple, and in summary, it revolves around one point.

That is - Qiaodan Sports Co., Ltd. uses Jordan's fame to conduct sales behavior.

Seriously violated Jordan's legal rights.

So to make compensation.

To be honest, Qiaodan Sports Co., Ltd. was on the way to development at the beginning.

It was done by taking advantage of Jordan's fame and reputation in China.

Over the years, it has become what it is today.

And it's coming soon.

Among them, Jordan's fame and reputation can account for most of the credit.

Because the marketing of its selling brand is an essential part of a company.

And it occupies the vast majority of influence among sports brands.

In reality, it is not without such examples, for example, Li Ning.

The development history of Li Ning, in the early stage, is to use its own influence to develop a brand.

Compared with a certain Ning, Jordan's fan base in China is relatively larger.

Of course, it is also the result of its sports program.

Based on these, Qiaodan Sports Limited infringed Jordan's right to a name.

As the plaintiff, Su Bai's application for litigation can be judged successful by the trial.

On the other side, after hearing Su Bai's court statement.

At the request of the presiding judge, Zhang Yuan also made a statement in court.

As a matter of fact.

Zhang Yuan also knows that if he loses this trial.

Then Jordan Sports Co., Ltd. needs to change its name.

It may also face sky-high compensation penalties.

Now, though, on the second point, the trademark of Qiaodan Sports Co., Ltd. has not been determined.

Even in the presiding judge's inclination, it is quite possible that the plaintiff's request for judgment was dismissed.

But what is the most critical thing in this case?

The most important thing is the issue of Jordan's right to name!

The verdict on this point just now has explained in detail that the defendant lost the case in this trial.

That's why Su Bai didn't mention other issues in his court statement, but only mentioned the corresponding compensation and litigation applications.

Zhang Yuan also knew in his heart that the reverse claim in this trial had also failed.

Because based on the judgment of the first point of name rights, Qiaodan Sports Co., Ltd. is already at a disadvantage.

The determination of the right to the name proves that the other party did not deliberately spread rumors and affect the reputation of Jordan Sports Co., Ltd.

The claim of 60 million will naturally not be accepted by the court.

And all he needs to do now is....

Try to minimize the losses of Qiaodan Sports Co., Ltd. in this trial.

Clearing his mind, Zhang Yuan began to make a statement in court.

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

"As for the plaintiff's accusation, our Qiaodan Sports Co., Ltd. violated Mr. Jordan's right to his name, and the court has ruled on this point, and we will not make any more statements."

"But we want to make it clear that we are not intentional in terms of subjective intention."

"What does this intentionality mean?"

"This intentionality refers to the fact that our Qiaodan Sports Co., Ltd. does not subjectively use Mr. Jordan's name rights for marketing, or deliberately make profits."

"So in this subjectivity, we believe that we should bear some responsibility, but not most of it."

"We ask the presiding judge to take into account our subjective situation in making a judgment."

In such cases, it has been determined that the right to his or her name has been violated.

Zhang Yuan can only follow this situation and try to reduce the responsibility of Qiaodan Sports Co., Ltd.

So as to avoid some bad situations.

But then again.... Will Zhang Yuan's statement be accepted by the presiding judge?

This can be said to be very difficult.

Because it has now been determined that Jordan's name belongs to him.

Qiaodan Sports Co., Ltd. is engaged in the manufacture of sporting goods for sale.

When making sales in the early stage, there are more or less cases where Jordan's influence and fame are used.

Again.

Zhang Yuan did not state why Qiaodan Sports Co., Ltd. was named Qiaodan Sports Co., Ltd.

In this case.

In accordance with the corresponding statutory scenario.

The presiding judge will generally find that there was a certain amount of intent in choosing the name and that it violated the rights and interests of others.

So....

Although Zhang Yuan made a statement in this regard, he tried to minimize the liability of Qiaodan Sports Co., Ltd.

However, the court will not necessarily accept the situation as it is stated.

After the defense finished presenting the court statement, Su Bai looked up at the courtroom seat.

What is the main situation now?

The main thing is that the final court presentation has now been completed.

How much will the presiding judge accept their side's appeals?

According to Su Bai's estimate, further deliberation is needed on the adoption of the appeal.

But what was the result of the deliberations.... Su Bai couldn't fully confirm this.

It was the same as Su Bai expected.

This time, the verdict was not directly announced.

But....

The presiding judge announced in court that the verdict on the specific circumstances of the trial would be made in a week's time, and the verdict would be issued to both the original defendants at that time.

The court was then closed.

After the court closed, Su Bai stood up with a smile, turned his head to look at the side with a serious face, stared at Li Xuezhen in the defendant's seat, and said:

"Alright, the court is closed...."

"Stop staring."

Only then did Li Xuezhen react, turned around, and looked up at Su Bai slightly:

"Lawyer Su.... This trial is over, but I'm still angry! ”

"This defendant is really capable of sophistry in the early stage!"

"The ping-pong rackets are out...."

Su Bai looked at the angry Li Xuezhen and said that he could understand.

After all....

In the early stage of this trial, it was Li Xuezhen's defense.

For this kind of defense, Li Xuezhen does not have much experience in dealing with it.

Knowing that the other side is talking nonsense, but can't refute the situation, it's hard not to be angry.

More likely a kind of speechlessness ....

Su Bai smiled and said, "Okay, don't be angry, this trial is over." ”

"All that's left is to wait for the verdict to be issued."

"Hmm!"

Li Xuezhen glanced at the defendant's seat again, retracted her gaze, and was in a much better mood.

On the other side, Li Han also walked in front of Su Bai and said with a smile:

"Lawyer Su, this trial is really an unexpected joy."

"The Supreme People's Court has ruled that Mr. Jordan has obtained the right to his name, so it is impossible to lose this case no matter how you say it, right?"

Su Bai saw Li Han's thoughts.

Li Han's purpose is undoubtedly to inquire about how much the presiding judge might agree with the litigation claims made during this trial.

Regarding Li Han's doubts, Su Bai also answered them directly.

"If nothing else, winning the lawsuit will definitely win, in terms of litigation applications."

"I think the Supreme Court will agree to all of the plaintiffs' claims."

Hearing Su Bai's answer, a trace of surprise and surprise clearly appeared on Li Han's face.

…

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