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Shoes And Clothing Enterprises Steal "Giant" Yao Ming Is Very Helpless.

2011/5/13 14:35:00 93

Yao Ming'S Trademark Rights Protection

May 13th "Yao Ming generation" clothing,

Sports shoes logo

It has nothing to do with NBA Houston Rockets player Yao Ming. "

Yesterday afternoon, "Yao team leader" and Yao Ming's Chinese agent Lu Hao held a press conference in Beijing to elaborate on Yao Ming's infringement on Wuhan Yunhe shark sporting goods Co., Ltd.


 

Involving Yao

Infringement trademark

There are more than 10 species.


Lu Hao introduced Wuhan Yunhe shark sporting goods Co., Ltd. since 2001, without any legal authorization, it used "Yao Ming" and "Yao Ming generation" as its business mark in its business activities, and used Yao Ming's signature and portrait in its production of clothing, sports shoes and other commodities and enterprise publicity, which constituted infringement on Yao Ming.

The company also conducted false propaganda throughout the country through websites and other media. It misled many unsuspecting consumers that their products had a specific relationship with Yao Ming, so that they could gain illegitimate interests.

The act not only infringed Yao Ming's right to name and portrait, but also infringed the consumers' right to know.


It is understood that in the past few years,

market

There are more than 10 kinds of infringing trademarks and Related words and designs, such as "Yao Ming", "Yao Ming generation", "Yao Ming family", "Yao Ming OBC", "Yao Ming family", "Yao Ming Zhengda", "Yao Ming justice" and so on.

Most of these infringing trademarks appear on basketball, sports shoes, clothing and other products, and are not authorized by Yao Ming himself.

Since Yao Ming joined the NBA rockets in 2002, Yao team has commissioned a domestic trademark office to monitor similar trademark infringement. Almost every month, it receives relevant infringement feedback.

At present, apart from the partner Reebok (REEBOK), Yao Ming has never authorized the use of his name, portrait and signature to any individual or sportswear or footwear enterprise at home and abroad.


Yao Ming's legal rights are helpless.


"The purpose of this lawsuit is to defend Yao Ming's own rights on the one hand; on the other hand, it calls for fair competition among enterprises, and reminds enterprises to use trademarks legally, and reminds the society and consumers to be vigilant against fraudulent practices in some enterprises."

Lu Hao said that 10 years after the appearance of the infringing trademark, it was only thought of taking legal arms to safeguard rights that the enterprise did not gain too much interest from the infringement trademark.

In recent years, with the promotion and publicity of Wuhan Yunhe company, the trademark has certain market influence, so Yao Ming will claim infringement claims in litigation.

Lu Hao said that when Yao Ming applied for registration in 2001, he was rejected by the local industry and Commerce Bureau for "trademark doubtful".

Since then, the company has not yet succeeded in appealing the matter.


Lu Hao revealed that Yao Ming attached great importance to the matter and made it clear that "we must safeguard our own rights and interests".

Yao team also contacted with Wuhan Yunhe company in 2009, but the other side has always denied any infringement.

Over the past two years, as the company's investment in the "Yao Ming generation" product line has been increasing, the two sides have lost the possibility of reconciliation and can only settle this matter through legal proceedings.


Because Yao Ming's fame at home and abroad is quite high, it often leads to "Shanzhai" company infringement. Yao team is considering developing the "Yao Ming" brand with some enterprises with social responsibility, but there are no specific plans and timetable yet.


Wuhan Yunhe company denied infringement


After the conference, Yao's team also showed reporters a pair of "Yao Ming generation" brand sports shoes worth more than 100 yuan.

The shoe upper is printed with Yao Ming's signature, and the exterior imitation leather and lining are meticulous.


The reporter interviewed Peng Wei, manager of the planning department of Wuhan Yunhe company, insisting that the company had not infringed.

"The Yao Ming generation" brand was registered as early as 2001, when Yao Ming was just an ordinary basketball player. How can we say that we are infringing? "Peng Wei said," Wuhan Yun crane is the largest sporting goods company in Hubei. It has sponsored Hubei chess team, parachute team and modern five teams, and is in the track of healthy development. "

For Yao Ming's lawsuit, Peng Wei said the company had delegated the matter to the lawyer, believing that there would be a fair judicial result.

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It is understood that in recent years, many sports stars have been torn by infringement and "endorsement".

Among them, an enterprise in Jiangsu registered a "Yi Jianlian ball". A manufacturer in Wenzhou registered a "Tian Liang". A company registered in Fujian "Da Zhi". The image of Lin Dan, the world champion of badminton men's singles, was printed in an advertisement in a male hospital.

Because the reputation and influence of some infringing enterprises are too small, these sports stars do not want to solve them through litigation, because they give free advertising to these enterprises.

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