Wednesday, April 11, 2012

Nike complained to China's Trademark Office about Qiaodan's use ...

Nike complained to China?s Trademark Office about Qiaodan?s use of the name

nike shoes storeThe NFL and partner Nike unveiled the new Nike Elite 51 football uniforms this week.NFL players Victor Cruz, Ndamukong Suh, Larry Fitzgerald, Brian Urlacher, Ben Roethlisberger, Champ Bailey, and Ray Rice were some of the athletes representing each of the 32 teams joining Nike President and CEO Mark Parker, Nike Brand President Charlie Denson and NFL Commissioner Roger Goodell to unveil the new uniforms in New York on Tuesday."The NFL is pleased to work with Nike," said Goodell. "This relationship continues our commitment to delivering fans worldwide the best sports and entertainment experience. We are looking forward to the excitement and innovation Nike will bring to our game, players and fans."The new uniform focuses on creating a system where the base layer, padding, jersey and pant work in concert. Lightweight padding is also integrated directly into the crucial "hit zones" in the base layer. New innovations include integrating Flywire technology into the neckline to reduce weight and provide lockdown fit over pads, increasing sleeve articulation for better range of motion, and integrating new four-way stretch fabrication to provide a streamlined shrink-wrap fit."With today's game being about strength and speed, it's extremely exciting to know that when I take the field for the 2012 NFL season, I will be doing so in a uniform that is lightweight, fast and durable while also providing the targeted protection I need," said Arizona Cardinals All-Pro wide receiver Fitzgerald. "As a player, you want zero distractions on the field."Last month, we reported that former NBA star Michael Jordan is suing a Chinese sportswear company, Qiaodan, for unauthorized use of his Chinese name and identity.Now, Nike has come out and said it supports Jordan?s legal action.

discount air max tnThere?s speculation as to whether the American sportswear giant is, in fact, behind the lawsuit - but the company isn?t commenting on that one. Nike and Jordan created the Air Jordan brand in the 1980s. In 2002, Nike complained to China?s Trademark Office about Qiaodan?s use of the name. That was rejected and the Chinese company was able to continue using the brand name. The two brands have fairly different market segments. Nike is considered a high-end sports brand in China, while Qiaodan is mainly popular with consumers in smaller cities. But now, a fast-expanding line of basketball sneakers by the Chinese company is seen by some as a threat to the likes of Nike. BEIJING - Lawsuits involving non-mainland companies rose last year as domestic opportunities lured an increasing number of firms battling the global economic slowdown, according to a top The last 12 months saw a 10 percent rise in lawsuits, Liu Guixiang, presiding judge of the No 4 civil tribunal under the Supreme People's Court, said. The tribunal is in charge of non-mainland commercial and maritime trials.Liu did not disclose the exact number of cases, but said they accounted for a "considerable portion" of the 31,953 civil and commercial lawsuits involving non-mainland firms last year.Jiangsu province, in East China, provides a clear example.

nike Air Max LeBronThe 114 cases in the province last year represented an increase of 20 percent over the previous year, according to court figures.Apart from normal disputes regarding contracts, there were also more lawsuits involving bankruptcy and profit distribution, Liu said.Courts are also dealing with cases involving international finance and derivatives, he said.There has also been a shift in the type of businesses involved.Legal disputes now concern the new industries, such as energy and the environment, as well as the more traditional ones, such as real estate and manufacturing.Most of the cases involve companies from Asian countries and regions, such as Japan, the Republic of Korea, Singapore and Malaysia, as well as Hong Kong and Macao special administrative regions.Disputes involving companies from Hong Kong and Macao accounted for 60 percent of the total, according to court figures.Liu said the rise in disputes was partly due to an increasing number of overseas companies entering the mainland.By the end of November, the mainland had about 453,600 of these companies, up from 426,000 in September 2008, according to figures from the State Administration for Industry and Commerce.Yang Anjin, a lawyer and partner with Wis & Weals, a Beijing-based law firm that focuses on providing intellectual property services, said the main driving force behind the increase was globalization and the more opportunities that the mainland had to offer amid Europe's crisis.

nike Zoom LeBron"Apart from established US companies, we've noticed more and more small and medium-sized enterprises in Europe and Japan, that once ignored the mainland market, are now seeking opportunities on the mainland," he said.Yang said localization is the most difficult aspect for newcomers."Compared with the early arrivals that have engaged more Chinese in decision-making and management, the late entrants are more conservative and unfamiliar with Chinese culture and laws."Eduardo Leite, chairman of the executive committee of Baker & McKenzie, one of the world's largest law firms, also said it is "common" for international investors to have trouble obtaining local licenses and handling labor and intellectual property issues because of the complicated regulatory framework and unfamiliar culture.Disputes usually pop up during difficult times and that is what is happening on the mainland, Liu said.Businesses are facing rising labor costs and higher prices, for energy and raw materials.The real estate market has also slowed down amid tightening measures, and the sluggish global economy has hit export demand. All these factors, and others, have contributed to more disputes.Legislation concerning overseas-invested enterprises was drafted about two decades ago and may need to be updated, Liu said."For example, such laws fail to specify the detailed rights and obligations of the mainland and overseas parties," Liu said.Moreover, due to different legal proceedings and concepts, some overseas investors questioned the efficiency of mainland courts, he said."

nike HyperDunk basketball shoesWe'll focus on unified judgment standards, improve the quality of judicial services and optimize the legal environment for overseas investment," Liu said."And most importantly, we'll protect the legitimate rights and interests of both mainland and overseas parties involved in disputes."Apple is also defending its right to use the iPad trademark in China down in Guangdong Province.Friday's ruling in favor of Shenzen Proview Technology over the iPad name, could spell trouble for Apple. A court in China's Guangdong Province found that Proview still owns the iPad name.Xie Xianghui, lawyer for Proview, said:" We feel that the trademark rights motions claimed by Apple, based on the transfer agreement reached in 2009, is not legally binding for the Shenzhen purview according to Chinese trademark law, and not legally effective."The courts also ruled that distributors should stop selling iPads in China, but this may be difficult to enforce. And Proview also plans to petition China's customs agency to block the import and export of iPads.Meanwhile, Ma Dongxiao, the lawyer for Shenzhen Proview, said:" The industrial and commercial bureau could investigate and seize Apple's 'iPad' products since a legal transfer of trademark has not taken place."Apple is appealing the ruling on February 29th. In their attorney's letter to Proview's chairman, Apple accuses Proview of breaching "principles of good faith and fair dealing" and "making false and misleading statements".

nike Huarache basketball shoesBut Proview claims Apple acted dishonestly by not disclosing their identity, when purchasing the iPad name from Proview's Taiwanese affiliate. A heated court case over the use of the iPad name in China has been held in Shanghai. The four-hour session concluded with no dates set for a judgment on the case or further hearings. This is the second court hearing that pitted tech giant Apple against Chinese LED maker, Proview Technology over Apple?s use of the iPad trademark in China.It was convened by Shanghai?s Pudong District Court early on Wednesday.Ma Dongxiao, lawyer for Proview, said, "There were two main goals today. The first was to exchange evidence from both sides. The second was to ask the court to issue a temporary order to stop the sale of iPads in Shanghai. Apple asked the court to stop that process."No judgment has been announced, and some lawyers predict that a settlement is very likely, rather than continuous battles in court.Liu Chunquan, intellectual property lawyer, said, "The final solution may probably be that Apple reaches an agreement with this Proview company outside of the court. That is probably the result, because that is also the result of many international business disputes."Shenzhen Proview Technology has filed lawsuits in several places in China, claiming ownership over the iPad name.Apple says it bought the rights to the name in China in 2009, but Proview accuses Apple of acting dishonestly when it bought rights to the iPad name from its Taiwan affiliate.Xie Xianghui, lawyer for Proview, said, "We feel that the trademark rights motions claimed by Apple, based on the transfer agreement reached in 2009, is not legally binding for the Shenzhen purview according to Chinese trademark laws, and is not legally effective.

Ken Griffey basketball shoes"Proview has requested that commercial authorities in 40 cities block iPad sales. So far, iPads have been pulled from shelves in some Chinese cities but there has been no sign of action at the national level.Meanwhile, Apple has appealed an earlier ruling against Proview in a court in Shenzhen, in southern China?s Guangdong province. The Guangdong High Court is due to hear that case on February 29. The trademark violation case over the use of the iPad name has been opened in Shanghai. Shenzhen Proview Technology is fighting Apple Inc. over its use of the trademark in China. Shenzhen Proview Technology claims ownership over the iPad name. Apple says it bought the rights to the name in China and other countries in 2009, but that Proview failed to transfer the rights in the Chinese mainland as agreed. Proview has filed lawsuits in several places and has requested that commercial authorities in 40 cities block iPad sales. Shanghai?s Pudong district court convened a hearing on the issue on Wednesday. Liu Chunquan, the intellectual-property lawyer at Polaw & Co weighs in. Liu said: "Apple knows this very well, so it uses a small company to buy this trademark. It is a very common practice in China, we also get this kind of business, because a lot of Chinese investors are registering a lot of domains and trademarks, and waiting for the big clients to buy them. So my opinion is that this is not fraud. This is not business fraud, this is like the Chinese saying, business is like a battle, it?s like a war."

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