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Michael Jordan right to a person’s name

Michael Jordan right to a person’s name

In the Benelux we do not know an exclusive right to our own name. If a company wants to claim a family name as its exclusive name, it will have to file a trademark registration. In the EU, it is sometimes possible to tackle name-hijacking, if it is clear that this name was registered as a trademark in bad faith. In some countries, like China, that protection goes a bit further and there is such a thing as a right to a "personal name".

 

Michael Jordan has been fighting Qiaodan Sports for years. This company has registered approximately 500 trademarks with variations of names of the major NBA basketball players. In the same way a silhouette of a basketball player was registered with the name Qiaodan (“Jordan” in Chinese characters). The trademark was registered for clothing, shoes, etc. in class 25.

The Supreme People Court (Chinese Supreme Court) holds that Michael Jordan is a well-known public figure with a huge reputation (well beyond the scope of basketball). Jordan is known under the name Qiaodan in Chinese characters and is therefore entitled to this name. The Chinese consumer may think that there is a connection between the trademark owner (Qiaodan Sports) and Michael Jordan, or that he has licensed or given permission for this use. For that reason, the trademark registration is considered in bad faith.

 

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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