Yao Ming Finally Broke Out Of &Nbsp; &Nbsp; A Piece Of Paper Sued "Yao Ming Generation".

In May 12th, Yao Ming's Chinese agent Lu Hao, on behalf of the Yao team, held a news conference in Beijing, announcing that Yao Ming had filed a lawsuit in the intermediate people's Court of Wuhan, and prosecuted Wuhan Yunhe shark sporting goods Co., Ltd., which infringed Yao Ming's right to name and portrait. Yao Ming has formally taken the opponent to court and claimed compensation.

The following is a picture of sports shoes produced by Wuhan Yunhe shark sporting goods Co., Ltd.

　　 The infringement products produced by Yao Zhi team

Wuhan local court has filed a case

At the press conference, Yao Ming's Chinese agent Lu Hao made a statement about the infringement of Wuhan cloud crane shark sporting goods company. He said that since 2009, the company has sold the Yao Ming and Yao Ming generation as trademarks for sale in its commodities and operations without authorization. The portrait of the little giant has also been used arbitrarily in commodities, investment brochures and facade advertisements.

Yao said that in the past few years, in addition to a partner, there were no authorized materials such as "Yao Ming", "Yao Mingyi generation", "Yao Ming family", "Yao Ming -OBC", "Yao Ming family", "Yao Ming Zhengda" and "Yao Ming justice". Up to now, no enterprise or individual has been authorized to set up a company or engage in franchising or other commercial activities in the name of "Yao Ming".

Lu Hao said: "the purpose of this lawsuit is to defend Yao Ming's rights, on the other hand, to appeal.

Enterprises' fair competition reminds enterprises to use trademarks legally, and reminds the society and consumers to be vigilant against fraudulent practices in some enterprises. Two weeks ago, Yao's team had filed a lawsuit in a local court in Wuhan. The local court has filed the case.

Intolerable to resort to law

According to Lu Hao, "in fact, since 2007, Yao team has had many representations with the company, hoping that they will stop infringement on Yao Ming, but the company did not agree with Yao's request and responded that they were not infringed."

It is reported that this matter should be traced back to 2002, when Yao Ming decided to land on NBA. Lu Hao, a broker, has registered more than ten kinds of products related to the name of Yao Ming in order to protect Yao Ming's interests. But what they did not expect was that they discovered that the two categories of sports shoes and clothing were registered in advance by Shanghai shark sporting goods company in 2001, when the other party's registered name was "the Yao Ming generation". However, at that time, the trademark had not yet been formally approved. After the Yao team's comments, the industry and Commerce Department rejected the trademark registration right.

Why did he have to go to court before many years ago? Lu Hao explained: "Yao's team did not want to fight this kind of lawsuit frequently. This company had not formed a climate before, so it felt that it would encourage them to fight with them, for example, there was no concern at all, but instead, they became concerned. In addition, the registration of Yao Ming's name for hitting the ball is happening on average every month. Yao's team is also busy with this kind of thing. However, the more intense it is now, the more intolerable, so we must use legal means to safeguard our rights. " {page_break}

　 Yao Ming shook Qian Shu, and everyone wanted to be stained.

Li Qiuping or related

In the publicity of Wuhan Yunhe shark sporting goods Co., Ltd.: "under the guidance of Shanghai Oriental basketball club, we take the eastern basketball team as the leading image. And the slogan is "NBA new force representative, Yao Ming, one of the most popular youth idol figures in the world".

It is worth mentioning that the Shanghai shark sporting goods company that tried to register the "Yao Ming generation" and the company in Wuhan had relations with Yao Ming's mentor and Shanghai men's basketball coach Li Qiuping. The former had sponsored basketball products to the club a few years ago. The latter also invited Li Qiuping to be the brand consultant of the company. The "Yao Ming generation" product became a designated winter training dress for Li Qiuping club earlier this year. Obviously, both companies are playing the "edge ball" in publicity. It is easy for the unidentified person to think that this is Yao Ming's own company, or its trademark brand has been authorized by Yao Ming.

However, when it comes to Li Qiuping's advisor relationship with the defendant, Lu Hao said: "we do not know the relationship between Li Qiuping and this company. We sued Wuhan Yunhe shark sporting goods Co., Ltd.

　 Claims are no longer symbolic.

Previously, Yao Ming and his team had prosecuted the Coca Cola Co for illegally using their right of portrait, and finally paid a nominal compensation of 1 yuan. Will the lawsuit make a claim for compensation? What is the quota?

Lu Hao said: "they always used Yao Ming's name and portrait to get profits, and we are bound to claim compensation. For a long time, they have been making profits, so the claim we demand is not symbolic. There is a certain amount. " However, he did not disclose the amount.

Lu Hao finally stressed: "often friends ask Yao Ming, this product is rotten, how can you do this? Yao Ming is very embarrassed. This has caused serious harm to Yao Ming and consumers. He will not approve of such behavior. "

　 Voice

The defendant insisted that there was no infringement.

For the prosecution of Yao Ming, Yao Honglei, the director of brand promotion of the "Yao Ming generation", said yesterday that the company's products were not infringed. Meanwhile, for sensitive Li Qiuping relations, he stressed: "we did not win the" Yao Ming generation "by using the" Yao Ming generation ".

Regarding Yao Ming's claim for the infringement of the "Yao Ming generation" series of products, Wuhan Yunhe insists that it has not infringed. Yao Honglei stressed: "Li Qiuping's guidance (Yao Ming's coach in Shanghai) was indeed a consultant to our company, but we didn't get his authorization by using the Yao Ming generation. The "Yao Ming generation" brand was registered as early as 2001, when Yao Ming was just an ordinary basketball player, so we did not infringe.

In addition, Peng Wei, manager of the planning department of the company, said: "Wuhan Yunhe 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, he said, the company has already delegated the matter to the lawyer. "I believe there will be a fair judicial result."

　　 Netizen evaluation

From the point of view of truth, the company that dares to sign for 10 years without any authorization is a bold leader, but in fact, the company can only be regarded as a "not clear" role. Nor does it look at how many of these "Shanzhai selling dog meat" brand brands can really break out of the world. The "four kings" advertisement of "Adi Wang" has been the NBA's game, so it is still the mockery of the fans by Yao Ming. The reason why "Yao team" is bold is because a similar tort lawsuit is hard to win, whether it's a claim of $1 billion 800 million or a dollar. After all, "Yao Ming" is not a specific noun and special symbol from the trademark category. As far as I know, there is a trademark registered by a company that produces a packing belt. It is "Yao Ming". But it is not a tort, because the boss is also called Yao Ming! And the defendant's Wuhan company also knows that I have been registered for more than ten years, and it is called "the Yao Ming generation", which has nothing to do with your little giant. What's more, the early brochures with Yao Ming's photos are now replaced by the new LOGO and a tall figure. Yao Ming's infringement is a bit of a "knowing that it can't be done".