Jordan’s fame usurped for business: expert

Beijing (CNS) –U.S. basketball icon Michael Jordan is suing a Chinese sportswear and shoe manufacturer for the latter's unauthorized use of his name and identity, triggering wide speculation among scholars and lawyers in China about whether Jordan will win the lawsuit.

Qiaodan Sports Company Limited (Qiaodan Sports) is a domestic brand with its roots in a humble workshop established in Jinjiang City,Fujian Province in 2000. It registered the Qiaodan trademark and logo in April 2002. "Qiaodan" is the accepted translation into Chinese for Jordan's name.

"Jordan initially contacted our law firm last December," said his attorney Kang Yi, "and indicated his intention to donate any damages the court awarded as compensation to the development of Chinese basketball."

"If the accused used the full name of the NBA legend for business, it would probably be regarded as unfair competition according to law," said legal scholar and trademark specialist Wang Jun from Fudan University, " but the trademark was registered under the Chinese translation of Jordan rather than Michael Jordan, so it is hard to claim."

Scholar Yao Huanqing from the Law School at the People's University said it was obvious that Qiaodan Sports takes advantage of the celebrity effect. Furthermore, Yao argued, the company put a classic silhouette of Jordan playing basketball in its logo, and it is public knowledge they even registered the names of Jordan's two children.

"Some companies use the celebrity effect to dig the first bucket of gold, but the aftermath presents inherent dangers to further growth, said Yao.

"Jordan needs to prove Qiaodan made profits from his image, and it is still unclear whether he has any chance of winning the case," said Wang Xiaopeng, a lawyer who once worked as Yao Ming's attorney. Chinese basketball hero Yao won his suit against a sportswear company in central China for using his name and signature without permission last year.