After losing at different rounds in the litigation, Jordan received favorable news from the Supreme People’s Court in January. The Court
ruled that because “Qiaodan” has such a strong connection to Jordan, Qiaodan Sports had infringed on Michael Jordan’s name. The company’s trademark in Qiaodan, the court expressed, must therefore be revoked.
The ruling was limited in certain ways. As explained by Cissy Zhou of the
South China Morning Post,
Qiaodan Sports has not been ordered to disgorge the profits it obtained through the unauthorized use of Jordan’s name. Likewise,
the ruling permits Qiaodan Sports to continue to use its Jumpman-like logo, which is now subject to further review by China’s trademark office.
Indeed, while Jordan’s name is protected by the ruling, the other aspects of his identity—including his image and likeness—are not.
For many observers, the ruling was logical. It seemed clear that Qiaodan Sports had misappropriated Jordan’s name and, in turn, diminished both his personal capacity and the capacity of Jordan Brand to capitalize on his identity in China (and in other markets served by Qiaodan Sports). For other NBA stars, as well as the league itself, the ruling affirms the identifying power of names .
Yet the lack of protection for images and likenesses highlight the continued fight ahead for athletes’ intellectual property rights in China.