Feb 27, 2012

Michael Jordan sues Qiaodan Sports for improper use of name

BEIJING - A lawsuit has been filed against Qiaodan Sports Company alleging that it deliberately used Michael Jordan's name without his permission in order to mislead Chinese consumers.

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Michael Jordan sues Qiaodan Sports for improper use of name

The basketball legend is taking action against the Chinese sportswear manufacturer to preserve the ownership of his personal brand, as 'Qiaodan' is the moniker Jordan has been known by since 1984, after he was seen on Chinese television for the first time as a member of the US Olympic team.

Local media publications such as the People’s Daily, Economic Daily and China Sports Daily have reported on Jordan’s basketball career in the past by referring to him as 'Qiaodan (乔丹)'.

"I've worked hard to establish my identity and brand, and I take tremendous pride in the shoes and apparel that feature my name and logo," Jordan said in a press release.

Apart from 'Qiaodan' (Chinese translation of 'Jordan'), the company has also applied to register trademarks containing the number 23 (Jordan's jersey number); as well as the Chinese characters and associated pinyin romanisation of Jeffrey and Marcus (Jordan’s sons).

Qiaodan Sports used these names in large-scale advertising campaigns, including sponsorships of the World University Games and Federation Internationale de Basketball Amateur from 2008 to 2010.

"We just use a Chinese translation of a common foreign family name and it cannot be identified with Michael Jordan," said to Hou Lidong, manager of the public relations department of Qiaodan Sports.

Official Jordan merchandise like the Air Jordan is marketed in China by Nike, which registered the player's name in English in 1993. Qiaodan's logo resembles Nike’s 'Jumpman' logo, but Hou said " anyone can associate it with a basketball player, but in fact we think it can also be understood as an action of running."

Jordan stated that Chinese consumers "deserve to know what they are buying" and asserted that the complaint is not about money. "It's about protecting my name. Any monetary awards I might receive will be invested in growing the sport of basketball in China."

Under Chinese law, the plaintiff in a naming rights lawsuit is entitled to injunctive relief and damages if the defendant acts in bad faith by intentionally using the name or other personal attributes of a famous public figure without authorisation.

Another condition is when the usage damages the plaintiff by causing confusion among consumers who mistakenly associate the infringer with the plaintiff. The court will take around one week to decide whether to accept a lawsuit or not, which is typical practice in China.

Hou points out that in Qiaodan's advertising outreach, the company has been marketing itself as a national brand, though it "will not take the initiative to tell each and every customer", and the misleading relevance of Michael Jordan and the Chinese brand is "just the people's guess".

A dedicated website has been set up by JumpDC, Jordan's business office in the US, with information relating to this lawsuit and a video message from the man himself.

According to a statement posted on Qiaodan's website last night, ever since the business started using the 'Qiaodan' brand in June 2000, Michael Jordan has never raised an objection or been in contact with the company.

Speaking to local media in a Q&A interview, Hou again claimed there are no connections between its brand and Michael Jordan. "23 is just a number, like $23 or 230 dollars… There are many other celebrities both in the US and worldwide called Jordan.”

Source:

Campaign China