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A pedestrian passes a branch of Chinese sportswear shop Qiaodan Sports in Shanghai on Thursday. Retired NBA superstar Michael Jordan announced that he has filed a lawsuit in China against Qiaodan Sports Company Limited over unauthorized use of his name.
BEIJING – Between Linsanity and Apple’s iPad trademark case, it seems like the only things on people’s minds in China right now are basketball and trademarks.
Leave it to “His Airness” to elevate that talk to another level.
Earlier today, NBA legend Michael Jordan issued a statement announcing that he has filed a lawsuit in Chinese court against Qiaodan Sports Company Ltd., charging the company with using his name and playing number without permission.
“A Chinese sports company has chosen to build a Chinese business off my Chinese name without my permission,” said Jordan in a video statement posted on a special website announcing the suit. "It pains me to see someone misrepresent my identity.”
“Qiaodan” is a transliteration of the name Jordan has gone by in China since he and the NBA took China by storm in the ‘80s and ‘90s, transforming the mainland into a nation of basketball diehards.
“It is deeply disappointing to see a company build a business off my Chinese name without my permission, use the number 23 and even attempt to use the names of my children,” Jordan said, referring to Qiaodan’s recent bid to trademark the name of his children in China. He continued by saying, “I am taking this action to preserve ownership of my name and my brand.”
Jordan’s announcement is a blow to Qiaodan, a Chinese sportswear and footwear manufacturer that has its roots in the 1980s but found tremendous financial success when it changed its name to Jordan’s Chinese moniker in 2000.
Company: Lots of people named 'Jordan'
Since that time, Qiaodan has borrowed heavily from the Jordan mystique to drive sales in China. His iconic number 23 is on much of their sportswear and advertisements and equipment often sport a logo which greatly resembles Nike’s iconic “Jumpman” logo, which accompanies virtually all of Jordan’s branded gear.
Still, the company denies any connection to the NBA legend and argues any resemblance is coincidental.
Speaking to Chinese media today, a spokesman for the company brazenly claimed, “There is no connection, 23 is just a number like $23 or $230 dollars… I don’t think there is a problem at all here.”
He continued by saying Qiaodan goes to great lengths to advertise that the company was a “China national brand” and that there was no need to tell every customer that they are not associated with Jordan since their brand is already unique to the mainland.
Bob Leverone / AP
Charlotte Bobcats owner Michael Jordan smiles as he announces a cash donation to the Second Harvest Food Bank on Feb. 20 in Charlotte, N.C.
“Not everyone will think this is misleading,” said the spokesman. “There are so many Jordans besides the basketball player – there are many other celebrities both in the U.S. and worldwide called Jordan.”
A bold claim by Qiaodan, but one that is seemingly refuted by a 2009 survey conducted by a Shanghai marketing company. They found that 90 percent of 400 young people polled in China’s small cities believed Qiaodan Sports was Michael Jordan’s own brand.
“We live in a competitive marketplace, and Chinese consumers, like anyone else, have a huge amount of choice when it comes to buying clothing, shoes and other merchandise,” said Jordan, “I think they deserve to know what they are buying.”
It’s a sentiment echoed by Nike, who markets the “Jordan” brand in China under its English name, which the Oregon-based company registered in China in 1993. It failed, though, to register the Chinese name, allowing Qiaodan to take it in 1998. Attempts by Nike to legally halt Qiaodan from selling under that name were blocked by the Chinese government’s state trademark office
Subsequently, one can walk into a sports store here in China and often find Nike’s official Jordan line of sportswear on sale just a few racks down from Qiaodan’s brand.
Why now?
In lieu of Nike’s previous experience in attempting to protect its trademark and the fact that Jordan himself has waited 11 years to make his first high profile attempt to stop Qiaodan, the question is: “Why now?”
The answer to that may be found in two recent legal decisions involving two other NBA players.
Stan Abrams of the invaluable China legal and business blog, China Hearsay, wrote about two cases involving Chinese basketball stars – Yi Jianlian and Yao Ming – and the parallels between their two trademark cases and the suit Jordan is bringing against Qiaodan.
In the Yi Jianlian case, a company unaffiliated with the player registered for the trademark of his name in 2005. Yi filed a complaint with the Chinese Trademark Review and Adjudication Board and won in 2009; he also won a subsequent appeal in 2010.
Yao Ming faced a similar issue when he filed suit and won against another Chinese sporting goods company, Wuhan Yunhe, which had attempted to trademark a name associated with the former NBA superstar.
In both cases, lawyers for the players cited Article 31 of Chinese Trademark Law which states: "An application for the registration of a trademark shall not create any prejudice to the prior right of another person, nor unfair means be used to pre-emptively register the trademark of some reputation another person has used.”
Perhaps seeing the trademark law now being more stringently enforced in cases closely paralleling his own, and already knowing the terrific economic potential for himself and his brand in China, Jordan must have seen this as the time to make a definitive move against Qiaodan.
Considering Nike’s failed injunction and the fact that Qiaodan is a purely homegrown Chinese company – a fact that should not be underestimated - Qiaodan must have appeared frustratingly untouchable to Jordan, who touched on fairness in his statement.
“When I was a former player, I played within the rules, I played off of honesty,” said Jordan. “Today, even in business, honesty is something that I truly, truly hold as a high value, and I stay within the guidelines.”
While the lawsuit is primarily for control of his Chinese name in China, Jordan has pledged that any money earned in the lawsuit will be “invested in growing the sport in China.”
“No one should lose control of their own name; China recognizes that for everyone. It’s not about the money; it’s about principle—protecting my identity and my name.”
One person who should take heed of Jordan’s words? Current NBA phenom, Jeremy Lin, whose Chinese name was registered by a Chinese company back in 2010.
Leave a Comment:
I heard Apple, Inc. was going through the same thing in China. Maybe they could copyright the name iChina... or I guess it would be iiChina, wouldn't it?
Screw him. Michael Jordan can do virtually anything he wants and he never did a thing to help Americans- just take their money.
Where are the Jordan shoes Made In America?
Where are the Jordan clothes Made In America?
They're not because all of these athletes are selfish.
Screw Michael Jordan....unless he wants to start supporting US manufacturing- he could again set the trends for the industry.
Instead he's happy watching people shoot each other for his shoes.
well you must hate half the companies in america, outsourcing to other countries has been going on since Reagan started it. Blame congress, not Jordan. It's business, dude.
Also he got American children to exercise which is a hard thing to do.
Jay, I'm sorry. If Michael Jordan wanted to, they'd make his shoes in America.
Its his name and logo all over the place, the buck stops with someone and I say its him.
I don't like Ronald Regan, but I'm not going to blame him for this one.
Its a free market and Jordan can lead the way and probably influance the entire industry, or he can sit on his hands and keep making money off of foreign labor.
Must be nice to be so freakin' important that no one can use the number 23 because it happened to be on your jersey! Good luck winning in Chinese court, Mike. When Volvo quit producing sedans in China, they (the Chinese) simply slapped a red flag on the fender, called it a different name (the "Red Flag"), and kept producing and selling them! Our laws and copyrights mean NOTHING to them. NOTHING.
Screw MJ???
are you insane!!... or does he work for you when you're demanding him to support US companies... wow blind nationalism like that is very disrespectful on account that he WAS the main show in throughout his nba career, generating millions upon millions of dollars for American based companies like ESPN ABC TNT CBC... i can go on and on
this man is pioneer, an international mogul, and you could never reach his potential so SCREW YOU!!
Sounds like a good reason to make your stuff in America to me
making things in America would mean less profit.... remember America was initially based on individualism... mean its all about YOUR MONEY, not the @!$%#ing lazy fatassess who demand the highest paying jobs then again want to work small shifts with 10 breaks in them
you do the math
Listen, back in the day, I was a huge fan. I had Jordan shirts, jersey's shoes- I watched games, took road trips to see games live, posters on the walls, the whole works.
But then I grew up.
I'm saying lets see Jordan be a pioneer again.
We see this red white and blue logo, we call it the national basketball association but we can't make this stuff here in the states?
We're squandering money by giving value to a logo and a set of colors, why not put something back into this country while we're at it.
We're all supposed to be proud that this team if from Chicago and that team is from LA, but we don't give two licks about seeing those cities supported by jobs they could use.
ok bro, speaking from a realist's perspective, i can imagine you know at least 60% of Jordan's worth would go down if he moved his work to America... come on man... no one wants to loos that much... then be taxed to death to pay for abortions
If Jordan stuff was made in the US- like my New Balance shoes, I'd buy them. Profit.
D1129384 you are missing the article, he is talking about stuff made and sold in china for china. He doesn't want another company profiting on his name and number when Nike is already branding his name and number in china. It's the same knock-off arguement that has been going on for years over there. He has built a brand out of himself and someone else shouldn't be able to knock that off and profit from it regardless of where it is made and sold.
I do agree we need to limit some outsourcing and buy more goods made locallaly. That's not the point of this article. I don't see anything wrong with a brand expanding and selling in multiple markets.
He was a basketball player----nothing more than that. When he comes up with a cure for cancer I will worship him.
All the people in support of Jordan because you were a fan, so was I but be real people. He doesn't teach your kids, he doesn't protect your neighborhoods, he didn't serve your country, he doesn't save lives-----he played a game and made a great living doing it. How did he make that great living, not his basketball salary but because he had his name on Nike shoes being sold at 200 bucks a pair. Nothing special about these shoes, the didn't make you faster, jump higher, last longer, they had a logo on them and the blessing of Jordan. Inner city kids stealing other kids shoes at gunpoint because of the ridiculous price point.
Look how far society has come in the U.S. since Jordan----that's right, it all went down the toilet because we place pop culture icons on a higher pedestal than cops, firefighters, doctors, nurses, teachers...........a lot of communities can't pass a school levy but kids are running around with the latest Jordan, James or Anthony gear.
Linsanity wasn't much of a stretch because it truly is insane.
Hey Izzy, I totally get the article. And I don't object to him trying to protect his property.
My beef is the whole context of the market control he has and how he does nothing to respect the country and people who have given him so much.
Not just him, but all the sports BS out there.
We watch the superbowl and brim with pride as stealth bombers fly overhead and they sing the national anthem, but no one seems to give a crap that everyone is wearing stuff made with foreign hands- at the cost of the very people whom they hope will be buying the tickets and shirts.
The whole thing seems pretty phoney.
When my grandfather was a contractor in his 20's and 30's, you couldn't show up on a job with a foriegn car or tools made outside the US- because it was part of the lifestyle of supporting our own economy and other workers.
We're far from that now, because we've been told to dislike men and women who work with their hands and told to hate those who are in a union.
But at the same time, we love the players who belong to players unions. And we'll do anything to protect Michael Jordan so that he can make is second billion dollars, but we'll cuss and swear at the poor guy cleaning the bathrooms at the stadium because he's in a union.
Maybe some of these companies will eventually realize that doing business with china is bad. I hope they screw Jordan over. China is probably doing more to bring jobs back to America by ripping everybody off then our own government is.
D-1129384, unless you own the most expensive pair of New Balance shoes that they make, they are NOT made in America. Only the very top of the line is. I have owned NB shoes for many years as they fit my feet the best and at my age, it has become important to me to find comfortable shoes. But the fact remains, every "series" of shoes, i.e. the 400 series or 600 series (which I wear), are made in China. Feel free to go check. They SAY made in America but they leave out the details that MOST of them are not.
Don't be so quick to blame Him or any one other person for not doing business here in the US. Most companies (wayyyy too many to list here) realize that the actual cost to produce something is way cheaper over in China and until the US tariffs the hell out of those companies selling back over here, it won't change. Chinese governments actually HELP their factories, including helping pay for R&D which is something our government has NEVER done. We might want to take a page from the Chinese books on that. Help out the producers here instead of taxing the snot out of them..and tax the ones that are making a fortune off chinese labor, THEN we might see change. Until then, I'm afraid not much is going to change no matter who's name is on that logo.
D112...
Go screw yourself! Jordan is a businessman and he has a right to protect his name since the name is being used to push business. Of course you are a hater and your hate has gotten the better of your deteriorating braincells. You can't put you hoof in Jordan's shoes and your name means nothing...not even to you. You will seel your name to anybody for a penny, because your name has n value. Heck, you have no self value! Hohoho!
Go screw myself?
Oh, right, this is a conversation about sports, so I'm with an intellectual crowd willing to examine the issues.
Michael Jordan has all the freedom in the world to be a disgusting business man if he so chooses. I'm saying he has the power to be more than that. He inspired kids to do something great, which seems that in today's terms is just be a guy who cashes fat checks. I think he should be a leader again and educate and inspire kids on a new platform- with a goal more noble than greed.
We put Jordan on some pedestal, talk about hard work and drive and commitment, but for some reason when it comes to clothes manufacturing, he's just going to do what everyone else is doing. He's not brave or intrepid. He's towing the line for China, and only gets upset when its about his money.
And I do buy expensive New Balance shoes. Its the price I pay to show my respect, admiration and support for the US worker. Rip on me all you want, but I'm proud to support American made goods.
moman3917, Andy-1511451, if you can't disagree without making it personal, try another site. First rule:
You're suspended for a day for violating #1 of the Code of Honor.
Bruce, a Chinese auto company BOUGHT Volvo from GM a couple years back. Of course they can continue producing the car. Do some research.
What's good for the goose is good for the gander.
Go get 'em MJ! I'm tired of seeing people in China take liberties with trademarks and patents that don't belong to them and get away with it.
He's only trying to help himself.
I long for the day when he turns from a selfish child to a patriot, and starts moving his clothing line manufacturing to the United States.
OMFG of coarse he is trying to help himself... its his @!$%#ing name; his @!$%#ing legacy; its @!$%#ing his man... u need to stop sucking uncle Sam's dick and sip some of this REAL juice
Air Coon has always been the most self centered , selfish bastard to ever play in the NBA...the nba gets a bad rap for the so called thugs in the league even though violence cant copare to nfl or nhl. Jordan was the shine boy of the NBA , sure hes talented but as far as a mqan of substance , hes empty. Ill take 1 of the so called thugs over this uncle tom anyday. the league coddled and protected his image at all cost, if you think this shame of a human being is squeaky clean you should have your head examined...Mike Jordan never has nor never will be in the mold of ALI , Jabbar , Russell , Jim Brown , Hank Aaron. When kids were killing each other over his sneakers his silence was deafening...the guys a money grubbing coward....and yes if he were in front of me id tell him to his face !
vicdamoan- spot freaking on.
Next to Ali, Jordan is a greedy, pathetic and sad man.
Mohammad Ali will be revered long after Jordan is dead.
D, what it comes down to is Jordan HAS to do this. If he doesn't, it sets a precedent for others to do it. If 5 or 6 companies down the road were to use his name and likeness, and then he decided to sue, the courts would ask, "Why didn't you sue after the first one infringed on your name?" If he gets the first one, it sets up a precedent for later ones, making it easier to sue them successfully.
It's just business. Luckily, Jordan has the money to fight it. If it happened in the U.S., it would be a lot easier. But being in China is a whole different matter. Those without enough money are going to get their IPs ripped off left and right, and it won't be pretty.
I totally support him suing in China.
I don't support him making all of his merchandise in China.
And speaking of precedent- I think if Jordan started making 'made in America' cool, then other companies would follow.
He has that power.
moman- You're right, it is his legacy and its his to lose- he lost me.
D, maybe it will happen. Companies are already saying that the costs aren't that much cheaper anymore, and some have hinted that they may be moving manufacturing back to the U.S. Whether or not that will really happen, or how quickly, is anyone's guess, though.
When Bush put China in the WTO, in 2002, these things SHOULD have been addressed first! That is why Clinton didn't let China in. Bush is still a hero in China, for giving the USA to China!
Really? I thought it was Ambassador Pierre-Louis Girard of Switzerland. You know, the chairman of the WTO at the time.
obama borrowed more from china so he bigger hero there
Pierre-Louis couldn't sh!t without GW's permission!
Who cares... MJ is a D I C K in any country.
You don't have to speak profanely to make your point.
I hope Jordan wins his case, but I thought he retired from basketball.
Really?
This is what passes for sound reasoning in China these days?
I don't know why people are worried about China becoming a world superpower. With logic like this the entire Chinese nation should run off into the sea like a bunch of lemmings some day soon.
:D
stone that sounds like any lawyer logic in any country, our lawyers are just as bad or worse
Now he needs to sue Israel for naming a river after him and the nation of Jordan for multiple infringements. It isn't the sport, it's the money. What is an ego worth in dollars? Jordan isn't just a name, it's a number.
Affinity, Jordan was a river long before Israel was around, also this company is making money off Jordans accomplishments without payment, isnt that a advantage when other companys are making those payments?
Yeah, good luck with that MJ. So, you think you understand business in China, do you?
Good for MJ. But.. aren't all his product made in China? Would be funny if Chinese forbid MJ's name or product being sold or used from their country as retaliation. Chinese government can do this. They can do whatever they feel is 'right' for the people. They can even arrest those people who speaks ill of governments decision.
Go, Michael!
""It pains me to see someone misrepresent my identity.”"
What he meant to say was...it pains me to see someone make money off my name. Can't blame him though.
Well, he said he will use whatever money he receives (if any) to help the sport in China. But, hopefully this will increase Nike sales and decrease Qioadan sales in China. More sales of Nike means more revenue for Nike (and indirectly for Mr Jordan). I don't see anything wrong with that.
Sounds like a good time to be a trademark attorney in China. There will be more and more litigation like that coming up from foreign entities that want to preserve their brand in China. I hope MJ wins.
China sucks!
What a surprise! I was in Beijing a day after Michael Jordan had been there for a couple of days a few years ago. Every goddamn storefront on Wangfujing Bei Lu had a picture of Michael Jordan, many of them cardboard stand-up types. The most memorable was a big Nike sign on the side of a building that said "Welcome Michael Jordon to Beijing." They couldn't even freaking spell his name right on a Nike billboard.
If he didn't want the Chinese to slap his brand on everything, then WTF was he doing on a grand publicity tour of the world's biggest copyright and trademark pirates?
China never belonged in the WTO, and their unfair and felonious practices are a slap in the face to the world's trading community. They should be ostracized, and punitive tariffs have to be put back in place, or they'll just freakin' keep on doing it, and taking our national wealth.
End of morning rant. More about China and its anti-social practices at my blog http://justlooklikefrog.wordpress.com.
Must you use profanity? It only cheapens your argument. Which too bad, because you have valid points.
most chinese companies have protection from china govenment and they mostly secessful not from innovation but from stealing name brands or stealing others work. I hope jordan wins but he will lose in china court cause no chinese court will side with foreigner over homebrew company no matter what crime they commit
What can we expect from the sleazy, conniving Chinese?
How many years has China been knocking-off trademarked and copyrighted American (or other nations') intelletcutal and physical property rights?
They kill their own female babies, deliberately snuff out dissenters, practice totalitarian communisim, suppress the value of their own currency, etc.
Need you say more whether or not to trust or have honset dealings with ANYTHING Chinese in the business world?
The Chinese government has zero respect for others, they will not abide by fair trade rules, laws or anything else which binds society. The world has to take a stand soon and stop trading with China unless they adhere to fair trade practices and stop their astounding espionage campaign against Western businesses and interests.
Hey guess what there are more people named Jordan than just you. Oh that's right you want control of the knock offs so it is really about money not your name.
Go ahead, make my day!
Air Jordan, the name of Jordan, and number 23 are indeed part of the trademark. He has paid for the patent and the trademark. It is about business and it is about regulations and rules about business, such as patent and trademark.
They can use other name, such as Teng Xi-ping.
But the question is, has he paid for the trademark IN CHINA. As much as I think he is ethically right, if he hasn't copyrighted the name in China (which it seems he hasn't), someone else can (which it seems they did).
Pirating has always been a way of life for the Chinese.. They are worse than Somalia pirates.
They bought from Pakistan, the helicopter that our Seals crashed while they were apprehending the terrorist Bin Laden. Why???
Pirates.!!!
Good! Now Michael might finally be able to afford at least a couple STAR players for the so very failed Bobcats!
Americans are fat and don't exercise basket ball is good for them
True, but as my dad would say, what does that have to do with the price of eggs? Stay on topic, please.