As a Lawyer, You Sent the Judge In?
Chapter 419: Trial: Reverse claim for RMB 60 million, it’s really you
Chapter 419 Court hearing: Reverse claim for 60 million, it’s really yours!
The Supreme Court’s adjustment of the indoor atmosphere is not considered harmonious.
It can be said that they broke up on bad terms and the mediation failed.
The reason for the failure of adjustment is also very simple, that is, they cannot reach an agreement.
Because what is the claim pursued by the plaintiff, that is, Li Han?
ˆ What we are pursuing is to protect Jordan’s trademark rights, portrait, reputation and other rights.
The most important thing for Jordan Sports Co., Ltd. is the trademark right, that is, the trademark and reputation of "Jordan".
After all... Judging from the current situation, Jordan Sports Co., Ltd. can develop to its current scale.
It cannot be said that it is all, but in most cases, it is with the help of the "Jordan" trademark that it has achieved its current scale of development.
If the trademark rights lawsuit fails, the loss will be too great for them.
This situation is unacceptable even if you lose the lawsuit, let alone in mediation.
ˆ Jordan Sports Co., Ltd. obviously will not accept this situation.
So in this mediation, it is absolutely impossible for Zhang Yuan to agree to this mediation request.
Mediation will naturally fail.
And more importantly, what is it?
More importantly, Zhang Yuan believes that Jordan Sports Co., Ltd. will never lose the case.
Whether it is the first instance, the second instance or the final instance of the Supreme Court.
In this situation that is beneficial to their side, why should they accept this unequal mediation plan?
Obviously this is completely unacceptable!
Mediation fails, and the parties prepare a mediation room.
Su Bai stood up and thought silently that after leaving, he would need to reconfirm and organize the evidence materials for this final trial of the Supreme Court.
In fact.…
In this case, what is the most important litigation content?
The most important thing is to confirm whether the trademark should belong to the star Jordan.
This is the core argument in this case.
As for the others... they do not appear to be that important in the dispute over trademark confirmation.
Get out of the Supreme Court.
Su Bai turned around and glanced at Li Xuezhen:
"Let's go...Winning this case is not that easy, and a lot of evidence needs to be confirmed."
Li Xuezhen nodded, her eyes full of joy: "Confirm the evidence? Okay, Lawyer Su!"
"but.…"
“Do we need to act out something this time?”
Su Bai: "?"
What to play?
Co-authored by Li Xuezhen, the last time she pretended to be a couple on Linshui University campus to collect evidence, did she want to continue?
Looking at Li Xuezhen's eyes full of joy, Su Bai shook his head: "No need to pretend."
“Just be a passerby on the street and interview reporters.”
Li Xuezhen couldn't help but feel disappointed when she heard Su Bai's words.
Muttered a soft ooh, and slowly followed behind Su Bai.
I thought silently: What a pity.
Otherwise, this business trip...stay in a hotel...
Li Xuezhen shook her little head and did not continue to think about it. Her eyes were full of regret.
.
….
Back at the law firm, Su Bai and Li Han briefly explained the results of the current mediation in the court.
And informed the mediator that there would be no results.
It can only be decided through a court trial that Jordan Sports Co., Ltd. loses the lawsuit and confirms the constitution of the Jordan trademark.
Li Han also understood this and did not say much. He only discussed his demands with Su Bai in more detail.
Soon, after everything was ready, the Jordan trademark case also came to court this time.
And due to Li Han's strong advocacy, Su Bai applied to the Supreme Court for a public hearing.
The Supreme Court approved the application.
Court day, Beidu.
At the court hearing of the Supreme Court.
After the court session, a lot of viewers came into the live broadcast room.
Part of it is for Jordan and Jordan Sports Co., Ltd.
Some of them came to sue Su Bai.
Su Bai is now well-known in the Dharma circle and has great influence in short videos and the Internet.
So every court hearing and every public hearing will attract a lot of attention.
This time is no exception. As soon as the court opened, a lot of barrage appeared on the public trial barrage.
“We learned about this court hearing in advance. The lawsuit between Jordan and Jordan Sports Company even went to the Supreme Court. It’s awesome!”
Others: "No...Isn't Jordan Sports a foreign brand?"
“Is the name Jordan Sports so deeply rooted in people’s hearts? Isn’t this a domestic deck factory?!”
“The one who takes the lead first belongs to yes!”
“I suggest you learn more about the specific circumstances of this case!”
“Haha, I’m sorry, I just learned that Jordan Sports is really good at playing games, isn’t it? Registering a trademark with someone else’s name, isn’t this an infringement of someone else’s right of authorship?”
“To be honest, this group of people are still good at using celebrities’ names to advertise naturally! People who don’t know it think it’s a company run by Jordan!”
….”
There are many various voices in the barrage.
But without exception, they are all making fun of Jordan Sports Company.
He also joked that this is "real Jordan" coming to fight against fake "fake Jordan".
at the same time.
The preparations for the trial at the court hearing venue have been completed.
At the judgment seat.
Presiding judge Liang Youcheng started the lawsuit after sorting out the relevant materials.
This lawsuit is mainly about the ownership of the trademark and whether the trademark of Jordan Co., Ltd. violates the regulations.
Whether the Jordan trademark owned by Jordan Sports Co., Ltd. was obtained illegally and illegally, and whether it should be returned to the real Jordan himself, is a scenario and situation that will be discussed.
The several elements of judgment are simple, but the situation is more complicated.
It is necessary to test the presiding judge’s determination of trademarks and related matters.
Liang Youcheng is mainly responsible for legal trials on trademark rights and portrait and reputation rights in the Supreme Court.
So this time, the court arranged for him to serve as the presiding judge.
The hammer struck.
Liang Youcheng said: "In this court hearing, the plaintiff Jordan's agent is suing the defendant Jordan Sports Co., Ltd. for infringement of its trademark."
“It has caused huge impact and harm to the plaintiff.”
“This trial will be finalized by the Supreme Court.”
“Now, please let the plaintiff begin to state your claim and the legal basis upon which it is based.”
"Okay, presiding judge." Su Bai sat on the bench. He had sorted out the relevant litigation materials and began to state his demands:
“Presiding judge, our legal statement is as follows.”
“In this case, we believe that the name “Jordan” used by the defendant, Jordan Sports Co., Ltd., has a high degree of overlap with the name “Jordan” used by our agent.”
“Moreover, the defendant Qiaodan Sports Co., Ltd. also used the fame of “Jordan” in domestic sports basketball to sell its sports brand.”
“Constitutes a profit-making activity.”
“And there is intentional behavior subjectively.”
“Concrete facts of trademark infringement have been reached.”
"based on above."
“We believe that the defendant, Jordan Sports Co., Ltd., has infringed upon the rights and interests of our client.”
“So I request the presiding judge to combine the relevant facts and determine that the trademark of Jordan Sports Co., Ltd. is an illegal trademark obtained by infringing the rights of others.”
“It is an invalid trademark and cannot be used for commercial purposes.”
“At the same time, we will be compensated in accordance with the corresponding legal provisions.”
“And require Jordan Sports Co., Ltd. to assume the responsibility of making a public apology.”
“Specify that Jordan Sports Co., Ltd. has no agency relationship or connection with Jordan itself.”
“This lawsuit is caused by Jordan Sports Co., Ltd.’s infringement of our rights.”
“So based on this, we request the court to order Jordan Sports Co., Ltd. to bear all the costs of this lawsuit.”
Su Bai’s statement is very brief.
To put it bluntly, it means that the trademark of Jordan Sports Co., Ltd. is an illegal trademark and asks the presiding judge to make a decision.
And make a series of claims, and also require Jordan Sports Co., Ltd. to be responsible for the litigation costs.
Litigation fees are calculated as a percentage of the litigation amount.
The amount of litigation involved this time is relatively large, so this is also a considerable amount of litigation costs.
only.…
While Su Bai was making relevant statements, the defendant was entrusted with a lawyer at the table.
Zhang Yuan and Xiao Youzhi didn't seem to care at all, and Zhang Yuan was even laughing at something unknown.
Looking like he doesn’t agree with Su Bai’s statement at all.
At the judgment seat.
After hearing the plaintiff’s claims, Liang Youcheng turned his attention to the defendant’s seat.
“Defendant, the plaintiff has finished stating the corresponding court claims.”
“Now please state your claim and the relevant facts and legal basis.”
“A good judge.”
Zhang Yuan and Xiao Youzhi were well prepared for this final trial.
After hearing the words of the presiding judge, Zhang Yuan immediately spoke:
“Presiding judge, we do not agree with the accusation made by the defendant against us.”
“First of all, we don’t agree that we have infringed on Jordan’s trademark.”
“Because our registered trademark is China’s Jordan, it has nothing to do with the plaintiff’s so-called Jordan.”
“Based on this point alone, we do not agree with the plaintiff’s claim.”
“The plaintiff’s lawsuit against us is completely fabricated.”
“It has caused very huge damage to our reputation.”
“Some domestic buying groups have purchased Chinese Jordans. They may only be looking for the Chinese Jordan brand, rather than relying on the so-called fame of basketball stars.”
“Moreover.”
“What is the relationship between our trademark and the plaintiff’s party?”
“Not at all!”
“Therefore, we believe that the plaintiff’s claim can be dismissed completely.”
"In addition...Presiding Judge, we also want to make a request in this trial."
“That is, the plaintiff has repeatedly stated in public that we have misappropriated its trademarks to harm our market credibility and reputation, causing huge commercial losses to us.”
“We demand compensation for this.”
“The plaintiff is required to compensate us 60 million yuan.”
“The above is the content of our lawsuit.”
When hearing Zhang Yuan’s lawsuit application.
At the plaintiff's seat in the court hearing, Su Bai felt normal at first, but later on it became more and more strange.
? ? ?
Require the plaintiff to compensate the defendant for damage to reputation of RMB 60 million?
Good guy!
The defendant demanded that the plaintiff compensate 60 million yuan for reputational damage!
The defendant dared to raise his request!
Is this coming back to bite you?
On the other hand, many people who watched the live broadcast of the trial were also shocked by the defendant's statement.
"What the hell? Are you crazy? The defendant actually offered to ask the plaintiff to let the "real Jordan" pay him 60 million yuan?!"
“If this is really a compensation award, it will really be a first in history!”
“Hahaha, it feels like the fake Li Kui punched the real Li Kui to death!”
“I have to say that the defendant’s request is really excessive, asking for 60 million yuan in compensation. How can he have the nerve to speak out?”
"Laughter is a laugh, trouble is a trouble, but if the verdict of this court trial is that the defendant wins.
Then the defendant’s application is really likely to be approved and accepted by the court! "
"Fuck? Isn't that just bullying people and asking them to pay for it? Is it so outrageous?"
“It’s indeed outrageous...but it still depends on the outcome of the verdict. This trial has just finished stating the claims, let’s wait and see!”
Zhang Yuan was unaware of the events and discussions outside the court hearing.
But he knew...as long as the court ruled that the plaintiff lost the case.
Then they can completely claim the 60 million yuan in goodwill losses.
As for this final trial, they have made complete preparations.
So...basically there won't be any unexpected situations.
The litigation claims raised are within the scope of its control.
Thinking of this, Zhang Yuan looked at the plaintiff's seat and couldn't help but think silently in his heart.
You are a criminal lawyer, what do you involve in trademark cases?
In the criminal field, Qi is the best in the country, but can he still win in trademark cases?
Is it possible?
impossible.
Zhang Yuan looked at Xiao Youzhi and smiled. The two of them were concerned about the outcome of the trial.
To be honest, they are already determined that they will not lose the case.
After all... I have experience in the first instance and the second instance.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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