In a long-running dispute with Qiaodan Sports Co., Ltd., Michael Jordan recently prevailed at China’s Supreme People’s Court in revoking a trademark for “Qiaodan and Device” (Qiaodan is the transliteration of Jordan into Chinese).
The disputed trademark is No. 6020578. On April 26, 2007, Qiaodan Sports applied for the “Qiaodan and Device” mark, which was registered on April 21, 2010 for clothing, swimwear and other goods in Class 25. On October 31, 2012, Michael Jordan sought cancellation before the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, which ruled for Qiaodan Sports. Jordan then lost his administrative action before the Beijing Intermediate People’s Court and his appeal to the Beijing Higher People’s Court, before succeeding at the Supreme People’s Court.
The Supreme People’s Court found that Michael Jordan was widely known in China and that the relevant public commonly referred to him as “Qiaodan.” His reputation, established before the filing date and continuing through 2015, extended beyond basketball. The Court explained that individuals enjoy rights in their names and that unauthorized registration of a name as a trademark can mislead consumers into believing there is an endorsement, license or other connection. Qiaodan Sports knew of Jordan’s long-standing reputation but nevertheless registered a mark combining the device with “Qiaodan.” The registration could mislead consumers and harmed Jordan’s prior name rights, contrary to Article 31 of the Trademark Law.
Jordan also asserted portrait rights in the silhouette of a basketball player. The Supreme People’s Court rejected that argument because a protected portrait must contain enough identifiable personal features to enable the public to recognize the individual. The black silhouette contained only a body outline and no personal characteristics identifying Jordan. He therefore could not claim portrait rights in that device.
Source: https://www.natlawreview.com/article/michael-jordan-prevails-eight-year-trademark-battle-china-s-supreme-people-s-court