You became a lawyer and sent the judge in?

Chapter 422: The trial turns around. Is Jordan’s name “Jordan”?

On the seat of judgment.

As the presiding judge this time, Liang Youcheng listened to Su Bai's relevant narrative supplements.

Nod slightly.

The content of this case is the focus of the two parties’ mutual defense——

There is an issue of whether the plaintiff’s party has the right to name Jordan in China.

What does the right to name look like according to the law?

According to the law, citizens enjoy the right of name. Although the right of name is not unique, it is identifiable.

The defendant has been denying Jordan's right to his name. What is the main reason?

It comes from the fact that Jordan is a foreigner.

It is believed that China does not have the right to its name.

This can be adopted if it is in accordance with the provisions of the law.

but….

Liang Youcheng serves as the presiding judge in this regard.

To have another view on this, he also needs to hear the relevant statements from the plaintiff.

"The court has learned about the relevant statements of both the plaintiff and the defendant, and the court now makes the following summary."

"First: The original defendant has a relevant dispute over whether the plaintiff enjoys the right to Jordan's name."

"Second: The plaintiff and defendant have relevant disputes over whether the trademark of Jordan Sports Co., Ltd. infringes upon the plaintiff's famous icon."

"The above is the focus of dispute between the two parties."

"Does the plaintiff and defendant have any objections to the summary?"

Su Bai: "No objection."

Zhang Yuan: "No objection."

The gavel struck.

Liang Youcheng continued: "Since both parties have no objections, do both parties need to further elaborate on the dispute over Jordan's name rights?"

"There is a presiding judge."

"We have new opinions that require further presentation."

Hearing Su Bai's voice, Liang Youcheng asked Su Bai to start stating the relevant content.

Su Bai simply sorted out the litigation materials in front of him, and then said:

“We have made a corresponding summary regarding the dispute over the right to name, its legal definition, and the defendant’s objections to this point.”

"We believe that the defendant's statements are reasonable in terms of the dispute over the right to name and the name Jordan."

"But they did not consider relevant factors based on the actual situation."

"What's our client's name? It's "Jordan."

"From a Chinese perspective, it does not contain the word "Jordan"."

"The Chinese translation can not only correspond to the word Jordan."

"But what is the reality, like what is the reality?"

"The reality is that our client's name, "Jordan", has a high reputation in our country and is known to the relevant public."

"With a large fan base, in relevant news releases and media releases in our country, the word Jordan is usually used to refer to basketball player Michael Jeffrey Jordan."

"This is recognized by the public."

"The word "Jordan" refers to our client, and is well known and recognized by the public."

"Under normal circumstances, the famous foreign basketball player Jordan generally refers to our client."

"At this point, we believe Jordan can be used as our client's name."

"Because the word "Jordan" is not only a name, but also a recognition of our client."

"We believe that... our client should be judged to have the right to Jordan's name."

"Presiding Judge, the above is our point of view."

The views stated by Su Bai are stated from the perspective of public perception.

Because it is very troublesome and difficult to make relevant determinations simply in accordance with legal regulations.

The conditions are very harsh.

So from the perspective of this statement, does Su Bai's statement have no legal basis?

Not really.

According to a detailed explanation of name rights, name rights are identifiable identity recognition.

The public's understanding of the plaintiff's client "Qiaodan" is that the Chinese name is named after Qiaodan.

From this point of view, there is no basis for deviating from the law.

Therefore, there is nothing wrong with Su Bai's statement of views, and it has legal effect.

Liang Youcheng, who was sitting on the trial bench, turned to look at the defendant's seat after hearing Su Bai's relevant statements.

"Does the defendant have anything to add?"

At this time, Zhang Yuan frowned when he heard Su Bai's relevant statement.

From a legal perspective, there is nothing wrong with what Su Bai stated.

This is also the most critical point of this issue - can the presiding judge recognize Su Bai's statement?

In his opinion, it is definitely not possible!

Because in the previous first and second trials, their side won the case.

The reason is that Jordan's name rights have not been confirmed, and there is no infringement of portrait rights.

If.…

After confirming Jordan's right to name, in this case, as the defendant, they will fall into absolute passivity.

Think of this.

Zhang Yuan raised his hand and said: "Presiding judge, we need to express our opinion."

"Please make a statement from the defendant."

Zhang Yuan said: "We hold a different view from the plaintiff on this point of view."

"We believe that according to law, citizens should have the right to their names."

"But is the plaintiff a citizen of my country? He is not a citizen of my country, so he does not enjoy the right of name in my country."

“On this point, we believe that the plaintiff’s statement should be rejected.”

When Zhang Yuan finished his statement, Su Bai raised his hand and said, "I would like to ask the defendant to be more clear."

"What is the judicial interpretation of the right to name and what is its significance."

“The meaning is the identity that is known to the public and the general public.”

"What is the perception of the word Jordan in the media and public groups?"

"It's a foreign star, that is, our client."

"So at this point, why can't we enjoy the right to his name?"

"Moreover, the defendant relied on the general principles of the civil law, and we relied on the civil code."

Zhang Yuan wanted to refute, but was interrupted by Liang Youcheng banging the hammer.

"The defendant will pause for a moment."

"I would like to ask the defendant a question here. The defendant does not recognize that the plaintiff has the right to name."

"Apart from Article 99 of the General Principles of the Civil Code, is there any other judicial interpretation?"

Zhang Yuan heard the presiding judge's question and shook his head: "We have no other legal explanation."

"But we believe that the right to name is a right enjoyed only by our citizens."

"Ok."

Liang Youcheng nodded: "As to whether the plaintiff party enjoys the right to Jordan's name."

"Both the original and the defendant have made their statements, and the collegial panel needs to conduct a collegial discussion."

"Now enter the adjournment!"

With the sound of the hammer, the court entered the adjournment stage.

Su Bai sighed softly when he heard the sound of the gavel for adjourning the court.

Now adjourn the court and enter into collegial proceedings.

That shows that the presiding judge has a certain preference for the plaintiff, that is, the statement he just made.

Otherwise, it would have been rejected directly just now.

There is no need to adjourn the court for collegial deliberations.

Because during the first and second instances, Li Han’s attorney also mentioned relevant content.

However, it was directly rejected by the court. As long as it enters collegial discussion, the problems in this case are not very big.

At least what is certain is that the presiding judge has a corresponding tendency on this point of view.

However, compared to the ease in the plaintiff’s seat.

At the defendant's seat, Zhang Yuan and Xiao Youzhi's expressions looked a little solemn.

During the first and second trials, the presiding judge did not discuss relevant issues!

But now... why is there suddenly a collegial meeting?

Should we adopt the plaintiff’s statement?

Thinking of this, Zhang Yuan and Xiao Youzhi couldn't help but look at each other.

You can see a trace of solemnity and worry in each other's eyes.

This solemnity and worry formed a sharp contrast with the relaxed feeling of using sophistry to refute at the beginning of the trial.

Outside the court, viewers of the live broadcast of the trial were also curious about the decision made after the collegial discussion.

Everyone began to speculate on how the final decision would be made.

How to determine if Jordan owns the rights to Jordan's name.

However, similar cases have also been reported in the comments section.

In the past, there were many trademark dealers who would rush to register the trademark of someone's name when they became famous.

To make profit.

Later, during the relevant regulation of the trademark law, a trademark dealer registered the trademark of a certain celebrity.

Finally, the defendant was taken to court, and it was determined that the trademark dealer knew the law and violated the law, and that his trademark was illegal and rejected.

This case is similar, but Jordan is indeed not a domestic citizen.

Therefore, in response to this point, many lawyers in the comment area were unable to confirm which legal interpretation the presiding judge would ultimately adopt.

However, one thing can be confirmed, and that is if the plaintiff's statement is adopted.

At least in the case of trademark squatting, there will be fewer unscrupulous trademark dealers.

The implementation and specific content of trademark law have been more standardized.

Many lawyers expressed their opinions in the barrage in the live broadcast room, and they summarized everything very well.

at the same time.

General Manager Office of Jordan Sports Co., Ltd.

At this time, Lin Hai had a slightly unpleasant feeling in his heart.

Because he also knew in his heart that if the presiding judge wanted to reject the plaintiff's claim, he would do so on the spot in accordance with relevant laws.

But now that we are entering into a collegial discussion...it is obvious that there is a dispute on this point and there are different views.

how to say.…

Regarding this situation, Lin Hai was also worried that the presiding judge would adopt the plaintiff's argument.

Lin Hai was very worried, but Xu Fei was very excited.

Because...he doesn't understand the law and thinks that the legal department staff performed well in this trial.

He was happily sharing his views with Lin Hai.

"This time, your legal department performed well."

"Now that the court is adjourned for collegial discussion, can we wait until the court session to announce the rejection of the plaintiff's various claims?"

"can!"

“Very well done.”

"I originally told the board of directors that continuing the trademark lawsuit might affect the company's listing status."

"But now it seems that there is no need to worry about what your legal department has done, which makes me very satisfied."

"nice!"

Xu Fei praised Lin Hai without hesitation.

Lin Hai smiled and nodded bravely: "Thank you, Mr. Xu, for the compliment."

At this time, although he had a bad feeling in his heart.

but.…

Now it is just a collegial process, and he cannot confirm the final result of the Supreme Court's collegial process.

He can't say, Mr. Xu, I think there is a problem with the collegiality of the court hearing this time, and we may lose the case...

so.…

According to Xu Fei's current expected situation, this trial must not be lost.

Otherwise...it is estimated that the listing plan of Jordan Sports Co., Ltd. will be shelved.

Their legal department is likely to be disbanded.

Thinking of this, Lin Hai couldn't help but sigh secretly. At the same time, he looked at the live broadcast room that was entering the adjournment stage and thought to himself:

"I hope there won't be any other unexpected situations..."
.

....

In the collegial court discussion room.

Liang Youcheng sat on the sofa and looked up at the two judges who were much younger than him.

He opened his mouth and asked: "This time, you are very critical in this case."

"The main thing is to determine whether the name Jordan is the name of the basketball star in China."

"Zhang Shulin, Feng Feng, do you two have any opinions..."

Zhang Shulin, who also serves as a judge of intellectual property rights and trademark property rights, expressed his opinions on the relevant circumstances of this case.

"This case...I won't talk about other aspects for now."

"Just look at the performance of Jordan Sports Co., Ltd. and what it does."

"Obviously, they are taking advantage of the domestic fame of foreign sports star Jordan to sell their own products to gain interests."

"I think there's no doubt about that, right?"

Liang Youcheng nodded: "Well, there is no doubt about this, and the influence it has caused is very bad."

Zhang Shulin continued: "Qiaodan Sports Co., Ltd.'s approach is indeed on the edge of the law."

“Let’s not go into details about this. Let’s talk about the plaintiff’s explanation. The public’s recognition of a certain person can be called his or her name.”

"I don't think there is any problem with this. This is the interpretation of the law."

"Civil law is not like criminal law. It is well-organized and easy to understand. Personally, I don't think there is any big problem."

Liang Youcheng nodded after hearing Zhang Shulin's point of view.

"Actually, my opinion also tends to be on the plaintiff's side."

“This is in the Supreme Court, and some of the cases decided by our Supreme Court are typical.

Some content from the defendant.

Although there is some basis, the basis is not comprehensive, and most of them are sophistry. "

“In terms of influence, I am more inclined to the plaintiff’s view.”

"This is my statement. Where is Feng Feng, what do you think?"

Feng Feng smiled and spread his hands: "I don't have any other opinions."

"As for the defendant's behavior that is borderline legal, there is currently no specific relevant law, but it is definitely intolerable."

"okay!"

Liang Youcheng nodded after hearing the two people's statements.

As the Supreme Court, they need to consider many aspects during the trial, and they need to be very comprehensive.

After all, they have to make statements and specific claims on some marginal laws.

Like this case...

If they follow the defendant's thinking in determining the right to name.

What are the consequences?

The consequence is that both the first instance and second instance courts will use this case as an example.

Many registered trademarks are subject to legal violations.

causing serious adverse consequences.

So this case is both from a legal perspective and from an influence perspective.

The legal advantage held by the defendant is very small.

From this point of view, the defendant's statement needs to be rejected.
.

....

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(End of this chapter)