You became a lawyer and sent the judge in?

Chapter 420: "Explosive" rebuttal, this is what a litigator is, right? !

At the court hearing.

Both parties' litigation applications have been submitted.

As the presiding judge, Liang Youcheng was sorting out the lawsuit applications from both parties.

Judging from the lawsuit application.

It is normal for the plaintiff's litigation application to be satisfactory.

However, the defendant's lawsuit application seemed a bit "explosive."

In this court hearing, the defendant not only refuted the plaintiff’s lawsuit application.

And he also went back to the plaintiff to claim compensation of 6000 million yuan.

to be honest.…

Such trials were very rare in Liang Youcheng's judicial career.

but.…

The most critical aspect of this trial is whether there is any trademark infringement.

After all...whether the claim can be successful, or whether the counterclaim can be successful, mainly depends on this point.

Therefore, although the defendant’s trial demands seem outrageous.

But if the defendant commits trademark infringement.

So in this case, the defendant's lawsuit applications will all be dismissed.

Clear your mind.

Liang Youcheng banged the hammer and spoke slowly: "At present, both parties' court litigation applications have been stated."

"The plaintiff accuses the defendant of trademark infringement. Regarding this point, please list the facts and evidence you rely on."

"Okay, Judge."

The person who responded this time was Li Xuezhen, who was sitting next to Su Bai.

Li Xuezhen, as the official lawyer in this trial, also assumes the responsibility of defense.

What Su Bai wanted was for Li Xuezhen to exercise more.

Therefore, in general statements, the opportunity to speak is given to Li Xuezhen.

If it doesn't work anymore, he'll do it again.

Li Xuezhen continued: "Presiding Judge."

"We have a large amount of facts and evidence that can prove that the defendant has committed trademark infringement."

"first.…"

“The defendant’s company name and the name of his products are all sold with the help of the “Jordan” feature.”

"For example: Jordan No. 1, Jordan No. 2 basketball shoes, etc., or Jordan so-and-so T-shirts, short-sleeved sportswear, etc."

"At the same time...based on the consumer awareness we surveyed."

"Based on this piece of evidence."

"Consumers subjectively believe that the products sold by Jordan Sports Co., Ltd., including but not limited to basketball shoes, sportswear, etc., are related to the internationally renowned star Jordan, which is related to our client."

"From this point of view, the products sold by Qiaodan Sports Co., Ltd. intentionally tie up the personal reputation of our client."

"Using our client's domestic fans and reputation to make profits."

"..."

After Li Xuezhen finished stating this point, she did not start to continue her statement.

Zhang Yuan, who was sitting at the defendant's seat, raised his hand and interrupted Li Xuezhen's statement.

"Wait a minute, has the plaintiff finished stating this content?"

Li Xuezhen was a little overwhelmed by Zhang Yuan's interruption: "...The statement is over."

"Okay, then I want to ask a question."

Zhang Yuan spoke:

"There is a very noteworthy situation in trademark infringement, and that is whether it was intentional."

"Trademark infringement is related to subjective intentionality."

"First of all, when consumers buy trademarked brand items produced by our company, does our company take the initiative to say that this is the brand of a certain foreign basketball superstar?"

"That's not true, is it?"

"According to the evidence presented by the plaintiff, these are the subjective wishes of consumers. They are what they are willing to think, not what we tell them to think."

“Consumers are willing to think, what does that have to do with us?”

"Then it can't be said that consumers think of foreign basketball superstars, and this matter involves us, right?"

"Our trademark has been recognized by the State Administration for Industry and Commerce, and there is nothing non-compliant."

"What do consumers think? That's their business. We didn't take the initiative to say it, so how can we call it infringement?"

"So from this point of view, it is not true at all, because there is no causal relationship between the two."

"..."

“One more point is also very important.”

"Then the name Jordan - is the name Jordan exclusive to your client?"

"Is this name a single collective name at home or abroad?"

"Not really."

"According to your statement, the name Jordan is the name given to a well-known basketball star in China."

"What is the real name of your client, the so-called "Jordan"?"

"My real name is Michael Jeffrey Jordan."

"The name has many meanings in English."

"Each one has different meanings, and it doesn't have to be called Jordan."

"From this point of view, does this have anything to do with our Chinese Jordan Sports?"

"There is no necessary causal relationship between the two."

"Could it be that there is a superstar abroad and his name is so-and-so? We can't use so-and-so to establish and register a trademark?"

"Can't we use this name as a product to name it?"

"Why not?"

“If you can, isn’t that suppressing our own businesses?”

"Besides...the real name is an English name, and the translation has nothing to do with Jordan."

"So, is it a bit too much to say that the plaintiff does not allow us to use the name Jordan to sell products?"

"Based on the above, it can be clearly seen."

“The statements made by the plaintiff’s attorney do not contain any objective facts that infringe the trademark.”

"We think there is basically no need to talk about this topic any further."

"Because whether it is based on the statement of the lawyer appointed by the plaintiff or from the perspective of facts."

"We have not relied on Jordan, and we have not published anything about the relationship between the party "Jordan" you mentioned and our products."

"So the evidence and other evidence provided by the plaintiff's lawyers are very unnecessary."

"Isn't it?"

Zhang Yuan's rhetorical question caused Li Xuezhen, who was still making her statement, to fall into silence.

According to legal conditions, there is indeed no problem with Zhang Yuan's answer.

In terms of subjectivity, this is indeed the subjective behavior of consumers. And the name Jordan is not unique, but is public and can be used by everyone.

What are the situations when it cannot be used?

What cannot be used is using this name and using other characteristics related to the person.

With the help of the celebrity's fame, a high degree of overlap is achieved to achieve the purpose of profit.

To put it bluntly, what is Zhang Yuan’s statement?

Zhang Yuan’s stated point of view is that we cannot interfere with consumers’ own wishes.

But as long as Jordan Sports Co., Ltd. does not say that Jordan is the famous foreign basketball star Jordan, then they do not need to be responsible.

Also, in terms of name, Zhang Yuan directly denied Jordan's name, which is his domestic name.

It can be said that the entire rebuttal is full of sophistry and is borderline.

In this case, it was completely taking advantage of Jordan's fame while avoiding legal risks.

A lot of things can be achieved with one move, with hundreds of benefits and no harm.

More importantly.

Although the other party was being sophistical, from a legal perspective, there was nothing wrong with what he said.

Because consumers’ subjective wishes and associations are foreign Jordans.

This is caused by consumer subjectivity and behavior.

This is indeed not causally related to Jordan Sports Co., Ltd.

She didn't know from what angle to refute.

Take a deep breath.

Li Xuezhen did not continue to plead on this topic.

Because she fell into this topic again, she knew that she would still suffer.

Li Xuezhen's face tightened and she continued to speak:

"President, we have other evidence that can prove the infringement of the defendant Jordan Sports Co., Ltd."

After getting the consent of the presiding judge, Li Xuezhen immediately took out two panels from beside her.

One is the trapeze model that Jordan became famous for - the posture of dunking in the air.

One is the trademark panel of Jordan Sports Co., Ltd.

Li Xuezhen looked at the defendant's seat with a serious expression, and then spoke:

"These two panels are restored on a 1:1 basis. One is a diagram of Jordan's famous trapeze model, the dunk posture in the air."

"The other one is the trademark panel of Jordan Sports Co., Ltd."

"Let's compare."

While saying this, Li Xuezhen folded the two panels together.

Jordan's famous trapeze model is hollow in the middle and folded together with the Jordan Sports Co., Ltd. trademark panel.

It's exactly the same.

Li Xuezhen held up the two matching panels with both hands and said:

"It can be clearly seen from the comparison that it is the trademark of Jordan Sports Co., Ltd."

"It is consistent 1:1 with our client, Mr. Jordan's most famous trapeze posture, which is the posture of shooting in the air."

"How should the defendant Jordan Sports Co., Ltd. explain this?"

Zhang Yuan smiled unconsciously when he heard Li Xuezhen's question.

How to explain?

This is so easy to explain!

Zhang Yuan looked at the two panels in Li Xuezhen's hands, then asked with a smile:

"I would like to ask the plaintiff."

"The two panels you are holding, the one about your client, Mr. Jordan, has facial features and related postures clearly engraved on it."

"But does our trademark have any obvious characteristics?"

"Your trademark has obvious characteristics!"

Li Xuezhen continued to speak with a serious face:

“Isn’t this trapeze position with a basketball a sign of overt sex?”

When Zhang Yuan heard this, his face was filled with a smile of victory:

"A trapeze position holding a basketball?"

"Correct!"

"This is Jordan's signature move."

After hearing Li Xuezhen's words, Zhang Yuan continued:

"This is a continuation of Jordan's action. Well, I'd like to ask the plaintiff's attorney to take a look at the other panel."

While speaking, Zhang Yuan also took out two panels, one of which was the trademark of Jordan Sports Co., Ltd.

Another panel shows a faceless man holding up a table tennis racket.

“Please ask the plaintiff’s lawyer to take a look at these two panels from our side.”

"The meaning of our Jordan Sports Co., Ltd. trademark is sports, and so is our company, which mainly sells sportswear and running shoes as its main sales purpose."

"So our trademark has a sporty meaning."

"Table tennis is also a widespread sport in our country."

"It's our country's national sport."

"Please ask the plaintiff to hire a lawyer to look at it clearly."

"Our logo is a person holding a table tennis racket, understand? It's a table tennis racket, not a basketball!"

"Moreover."

"We don't understand what the trapeze posture is. Is this posture exclusive to a certain person? Or has it become a trademark in law?"

"If this trapeze posture is a trademark, or if no one else can use it, then we have nothing to say about the infringement."

"We will make immediate rectifications."

"But if it's just a basketball player who makes his standard, or his famous move, and our move with a table tennis racket is similar to his."

"From this point of view, we do not believe that we have committed infringement."

"Why do you say that?"

"Because there is really no identifying or special evidence that can prove our infringement."

"The plaintiff cannot say that we have committed infringement because the action of holding a table tennis racket is similar to your client's famous posture."

"This does not meet the legal basis and does not meet the conditions for recognition,"

"The above is our answer to the questions raised by the plaintiff."

“I applied to the presiding judge to dismiss the plaintiff’s claim.”

Zhang Yuan looked at the plaintiff's seat with a smile on his face. He was confident of winning this lawsuit.

Judging from the two cases listed by the plaintiff, to be honest, there is not much to target.

It's easy to refute.

For example, in that trapeze position, you say you are holding a basketball, and I say I am holding a table tennis racket. What can you do?

You say basketball is a sport for you, but isn’t table tennis a sport for me?

My table tennis is still the national sport!

If you want to say that I am not holding a table tennis racket but insist that I am holding a basketball, do you have any evidence to prove it?

You have no evidence to prove it.

Then what I took was a table tennis racket, not a basketball. It has nothing to do with you, and it also does not constitute any infringement!

Even the general public knows that I am sidelined and that I am using Jordan's fame to make sales.

But you have no legal evidence and I can refute you legally, so I can still use Jordan’s trademark!

Is there a problem?

No problem at all!

Zhang Yuan had already prepared all kinds of evidence for the plaintiff very well.

So when I saw Li Xuezhen taking out two drawing boards for comparison.

Zhang Yuan believed that this case was 100% successful because he was fully prepared.

Nothing else will happen at all.

In the plaintiff's seat, Li Xuezhen was so repulsed by Zhang Yuan's statement that she couldn't even utter a word.

So he could only turn his head, blink pitifully, and ask Su Bai for help.
.

....

PS: Please give me a monthly ticket~

(End of this chapter)