In an unusual victory for an overseas litigant, China's top court has ruled that Hall-of-Fame basketball player Michael Jordan can have his name back.
The Supreme People's Court on Thursday revoked the rights of a Chinese sportswear maker to use Jordan's last name written in Chinese characters, handing him a partial victory in his four-year campaign to win legal protection for his name, which helps sell gear such as Nike sneakers and clothing worldwide.
Jordan's Chinese name is "well-recognized" in China and he should have the legal right to it, the Beijing-based court said in its verdict. Qiaodan Sports, which operates about 6,000 shops selling shoes and sportswear in China, will have to give up its trademark registrations of the Chinese version of Qiaodan, pronounced "Chee-ow-dahn," the court said. "Qiaodan" is the name Mr. Jordan is known by in China.
International companies such as Tesla Motors and Apple have faced legal challenges in the world's second-largest economy, where the law generally protects whichever company registers a trademark first. While Jordan's victory could help set a precedent for foreign companies seeking to protect their intellectual property rights, more legal action is needed for global brands to capture the upper hand in their fight against China's copycats.
"Perhaps if we see a few more decisions like this then it might seem that the tide is turning, but right now this seems like an anomaly," said Matthew Dresden, a lawyer at Seattle-based Harris Moure, which produces the China Law Blog. "The vast majority of decisions are still in favor of the trademark squatters, because the way you get trademark rights in China is by filing a trademark application, not by being famous."
Qiaodan Sports, a family-owned business based in southern Fujian province, had registered its trademark more than a decade ago. Jordan sued the company in 2012, arguing it had damaged his legal rights to his name and asking that Qiaodan Sports' trademark registrations be removed. Lower courts had ruled in favor of the Chinese company.
"I am happy that the Supreme People's Court has recognized the right to protect my name through its ruling in the trademark cases," Mr. Jordan, who is also CEO of Nike's Brand Jordan Division, said in an e-mailed statement after the ruling. "Chinese consumers deserve to know that Qiaodan Sports and its products have no connection to me."