You became a lawyer and sent the judge in?

Chapter 424: Make a court statement and close the court!

At the trial table, Liang Youcheng made some conclusions after listening to the defenses of both parties.

This time, the defense point of both parties is whether the trademark of Jordan Sports Co., Ltd. infringes Jordan's portrait rights.

The most critical point of judgment has just been stated by the defendant.

The most critical point of judgment is whether the trapeze posture is unique to Jordan.

This...is obviously controversial.

However, based on objective facts and objective correctness.

Is the trapeze position unique to Jordan?

surely not.

This trapeze posture can only be said to be one of Jordan's signature moves, but not a unique move.

Because movements are diverse, they are not exclusive to any one person.

If it is an exclusive act, it is not legally feasible.

The most critical point is that the plaintiff's statement is well known to the public.

What is it known to the public?

What is known to the public is Jordan, the man himself for his iconic behavior.

Rather than this action, it is a unique behavior.

And Jordan had not used this to apply for a trademark in China before, so this action was not protected by domestic law.

However, regarding this issue, Liang Youcheng suppressed it for the time being.

At the current court hearing, the defenses of both parties have actually entered an advanced stage.

If I continue to state it, there will be no other opinions.

In summary, after both parties have determined the right to name.

Whether the trademark of Jordan Sports Co., Ltd. infringes on Jordan's own portrait rights is actually not a matter of much debate.

If there is no substantive evidence, then the defense of both parties basically ends here.

Think of this.

Liang Youcheng banged the gavel and looked at the plaintiff's seat:

"I would like to ask another question here."

"Can the plaintiff produce actual evidence to prove that you, Jordan's famous action trapeze artist, have been infringed on his portrait rights by the trademark of Jordan Sports Co., Ltd."

"The plaintiff is not allowed to mention other matters and only needs to present practical evidence."

Facing the presiding judge's question, Su Bai took a deep breath and shook his head:

"President, we have no actual evidence."

"Well!"

"The plaintiff has no substantive evidence, so it will not be determined at this time whether the trademark of Jordan Sports Co., Ltd. infringes Jordan's portrait rights."

"Both parties are now invited to begin their court presentations."

Hear the presiding judge request a court statement.

Su Bai also had a rough guess about the final verdict of the trial.

It goes without saying that the determination of the right to name is unnecessary.

Whether the trademark of Jordan Sports Co., Ltd. infringes on Jordan's portrait rights is the second point.

Judging from the current situation, it is very likely that the presiding judge will not support the plaintiff, which means that their side will win the case.

Why do you say that?

Because the presiding judge twice asked the plaintiff whether there was any substantive evidence to prove the infringement of portrait rights.

It has been confirmed that the presiding judge wants substantial evidence to prove the infringement of portrait rights, otherwise it will not be supported.

The plaintiff actually had no evidence to produce.

Because the defendant, Jordan Sports Co., Ltd., did apply for a trademark on the sidelines.

Jordan's famous trapeze moves are not unique to him.

In other words, this famous trapeze move is not its exclusive right.

Therefore, in this aspect, the court is likely not to support Jordan Sports Co., Ltd.’s infringement of Jordan’s image rights.

Dismiss the plaintiff's lawsuit.

Of course, this does not mean that the decision of the presiding judge is wrong.

But Jordan Sports Co., Ltd. has indeed avoided certain risks.

Thinking of this, Su Bai breathed lightly.

Regarding the second point, whether Jordan Sports Co., Ltd. has infringed on Jordan’s image rights.

In terms of the entire appeal, it is not very necessary.

Because the compensation for infringement of portrait rights is very low, the benefits brought by trademarks are also very low.

Jordan Sports Co., Ltd. relies on the name Jordan to obtain profits, and its trademark is only a part of it.

Generally speaking... no matter whether the trademark infringes the right of portrait or not.

It will not affect the final judgment.

That is to say, according to the appeal, Jordan Sports Co., Ltd. violated Jordan's right to name.

Just based on this.…

It is completely possible to achieve the lawsuit application stated by Su Bai previously.

This is also the focus of the court statement.

certainly.…

The Supreme Court ruled on Jordan’s right to his name.

Then the defendant filed the lawsuit at the beginning.

The plaintiff's application for compensation of 6000 million can be completely rejected.

On the other hand, after the defendant's request for compensation from the plaintiff is dismissed.

The plaintiff can also make huge compensation claims against the defendant Jordan Sports Co., Ltd.

On the bench, the presiding judge continued to speak:

"Please ask the plaintiff to make a court statement first."

"Okay, Judge."

Facing the presiding judge's request, Su Bai nodded.

After sorting out the appeal materials in front of him, he began to make a court statement.

"Our court states as follows:"

"In this case, the court has now determined that Jordan Sports Co., Ltd. has infringed the name right of our client, Mr. Jordan."

"This is a confirmed fact."

"and."

"Since its establishment, Jordan Sports Co., Ltd. has repeatedly used our client's right to name Jordan to name the products it sells."

"Using our client Jordan's name to set up a company for profit."

"Specific cases include using the name of Jordan Sports Co., Ltd. and naming its products as Jordan XX, etc."

"This is a sales method that makes consumers mistakenly believe that it is a unique brand that our client Jordan is involved in and pay for it."

"From this perspective, what Qiaodan Sports Co., Ltd. has done has seriously violated, affected and damaged the reputation and credibility of our client, Mr. Jordan."

"It seriously violated our rights and interests."

"Qiaodan Sports Co., Ltd. uses our reputation and image rights to seek corresponding benefits for itself."

"From this point of view, Jordan Sports Co., Ltd. has previously used sideline legal actions to make profits for itself."

"It was intentional and there was a definite illegal act."

"Our demand for Jordan Sports Co., Ltd. is to require corresponding legal compensation and a public apology."

"From a legal perspective."

"Our request is very reasonable. I ask the presiding judge to consider the starting interests of Jordan Sports Co., Ltd. and the rights and interests that have been infringed on us to judge our claims."

"Presiding judge, the above is our court statement."

Su Bai's statutory statement is relatively simple, and in summary it revolves around one point.

That is - Jordan Sports Co., Ltd. uses Jordan's fame to conduct sales.

It seriously violated Jordan's legal rights.

So compensation is required. To be honest, Jordan Sports Co., Ltd. was in the process of development at the beginning.

It was done by taking advantage of Jordan's fame and reputation in the country.

After years of development, it has formed its current scale.

And it will be available soon.

Among them, Jordan's fame and reputation can account for most of the credit.

Marketing of a brand is an essential part of a company because of its sales.

And it occupies the vast majority of influence among sports brands.

There are no such examples in reality, such as Li Ning.

The development history of Li Ning, in the early days, was a brand developed with the help of its own influence.

Compared with Mouning, Jordan has a relatively larger fan base in China.

Of course, this is also a result of his sports.

Based on these, Jordan Sports Co., Ltd. infringed Jordan’s right to name.

As the plaintiff, Su Bai's lawsuit application can definitely be judged successful by the court trial.

On the other side, after hearing Su Bai's court statement.

Zhang Yuan also made a court statement at the request of the presiding judge.

Actually.

Zhang Yuan also knew that if he lost this trial.

Then Jordan Sports Co., Ltd. needs to change its name.

You may also face sky-high compensation penalties.

Now, as for the second point, the trademark of Jordan Sports Co., Ltd. has not been judged.

It is even possible that the presiding judge may have rejected the plaintiff’s request for judgment.

But what is the most critical thing in this case?

The most critical thing is the issue of Jordan's name rights!

The judgment just made on this point has already explained in detail that the defendant lost the case in this trial.

That's why Su Bai did not mention other issues in his court statement, but only mentioned the corresponding compensation and litigation applications.

Zhang Yuan also knew in his heart that the reverse claim in this trial also failed.

Because based on the first point of determination of name rights, Jordan Sports Co., Ltd. is already at a disadvantage.

The determination of the right to name proved that the other party did not deliberately spread rumors to affect the reputation of Jordan Sports Co., Ltd.

Naturally, the claim of 6000 million will not be accepted by the court.

And what he needs to do most now is...

Try to reduce the losses of Jordan Sports Co., Ltd. in this trial.

After clearing his mind, Zhang Yuan began his court statement.

"President, our court statement is as follows."

"As for the plaintiff's accusation, our Jordan Sports Co., Ltd. has violated Mr. Jordan's right to name. The court has already determined this point, and we will no longer make any further statements."

"But we want to make it clear that we are not intentional in our subjective intent."

“What does this intentionality mean?”

"This intentionality means that our Jordan Sports Co., Ltd. does not subjectively use Mr. Jordan's name rights for marketing, or deliberately seeks to make profits."

"So under this subjectivity, we believe that we should bear certain responsibilities, but we should not bear most of the responsibilities."

"We ask the presiding judge to take our subjective situation into consideration when making a decision."

In this case, it has been determined that the right of his name has been violated.

Zhang Yuan can only act according to this situation and try to reduce the responsibility of Jordan Sports Co., Ltd.

So as to avoid some bad situations.

But having said that...will Zhang Yuan's statement be accepted by the presiding judge?

This can be said to be very difficult.

Because it has now been determined that Jordan's name rights belong to him.

The business of Jordan Sports Co., Ltd. is to manufacture sports goods for sale.

In the early stage of sales, Jordan's influence and fame were more or less used.

also.

Zhang Yuan did not state why Qiaodan Sports Co., Ltd. was named Qiaodan Sports Co., Ltd.

Under this situation.

According to the corresponding legal situation.

The presiding judge will generally determine that the name was intentional and infringed upon the rights of others.

so.…

Although Zhang Yuan made a statement in this regard, he tried to reduce the liability issues of Jordan Sports Co., Ltd.

But the court may not necessarily accept the circumstances stated.

After the defendant made his court statement, Su Bai raised his head and looked at the court seat.

What is the most important situation now?

The most important thing is that the final court statement has now been completed.

How much of their side's appeal will the presiding judge accept?

According to Su Bai's estimation, further discussion is needed on the adoption of the appeal.

But what was the result of the discussion...Su Bai was not completely sure about this.

Just as Su Bai expected.

This time the court hearing did not directly announce the verdict.

But...

The presiding judge announced in court that a verdict will be made on the specific circumstances of the trial a week later, and the verdict will be issued to both the original and defendant parties.

Then the court was closed.

After the court ended, Su Bai stood up with a smile, turned his head and looked at Li Xuezhen, who had a serious face on the side, staring at the defendant's seat, and said:

"Okay, the court is closed..."

"Stop staring."

Only then did Li Xuezhen react, turned around, and raised her head slightly to look at Su Bai:

"Lawyer Su...this trial is over, but I'm still very angry!"

"This defendant was really good at making excuses in the early stages!"

"The table tennis rackets are all out..."

Su Bai looked at the angry Li Xuezhen and expressed that he understood.

after all.…

In the early stages of this trial, Li Xuezhen gave her defense.

As for this kind of defense, Li Xuezhen doesn't have much experience in dealing with it.

It's hard not to get angry when you know that the other person is talking nonsense but you can't refute this situation.

It may be more of a kind of speechlessness...

Su Bai smiled and said: "Okay, don't be angry, this trial is over."

"All that's left is to wait for the verdict to be issued."

"Ok!"

Li Xuezhen glanced at the defendant's seat again, looked away, and felt much better.

On the other side, Li Han also walked up to Su Bai and said with a smile:

"Lawyer Su, this trial is really an unexpected surprise."

“The Supreme Court ruled that Mr. Jordan obtained the right to his name, so it’s impossible to lose this case no matter what, right?”

Su Bai saw what Li Han was thinking.

Li Han's purpose was undoubtedly to ask how much the presiding judge might agree with the claims made in this trial.

Regarding Li Han's doubts, Su Bai also directly answered them.

"If nothing else happens, we will definitely win the lawsuit, regarding the lawsuit application."

“I think the Supreme Court should agree to all the plaintiff’s claims.”

Hearing Su Bai's answer, a hint of surprise and surprise appeared on Li Han's face.
.

....

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(End of this chapter)