As a Lawyer, You Sent the Judge In?

Chapter 420: "Exploding" rebuttal, is this a litigator, right? !

 At the court hearing.

 The litigation applications of both parties have been completed.

Liang Youcheng, as the presiding judge, is sorting out the lawsuit applications from both parties.

 From the perspective of litigation application.

  It is normal for the plaintiff's litigation application to be satisfactory.

However, the defendant’s lawsuit application seemed a bit “explosive”.

In this court hearing, the defendant not only refuted the plaintiff’s lawsuit application.

 And he also went back to the plaintiff to claim compensation of 60 million yuan.

to be honest.…

  Such trials were very rare in Liang Youcheng’s judicial career.

but.…

The most critical point in this trial is whether there is any trademark infringement.

  After all...whether the claim can be successful, or whether the counterclaim can be successful, mainly depends on this point.

 So although the defendant’s court appeal seems outrageous.

 But if the defendant has committed trademark infringement.

So in this case, all the defendant’s lawsuit applications will be dismissed.

 Clear your thoughts.

Liang Youcheng banged the hammer and spoke slowly: "At present, both parties' court litigation applications have been stated."

“The plaintiff accuses the defendant of trademark infringement. Regarding this point, please list the facts and evidence you rely on.”

 “Okay, presiding judge.”

The person who responded this time was Li Xuezhen, who was sitting next to Su Bai.

Li Xuezhen, as the official lawyer in this trial, is also responsible for the defense.

Su Bai wanted to let Li Xuezhen exercise more.

 So in general statements, give Li Xuezhen the opportunity to speak.

 If it really doesn’t work anymore, he’ll go up again.

Li Xuezhen continued: "The presiding judge."

“We have a large amount of facts and evidence that can prove that the defendant has committed trademark infringement.”

"first.…"

“The defendant’s company name and the name of his product are all sold with the help of “Jordan”.”

“For example: Jordan No. 1, Jordan No. 2 basketball shoes, etc., or Jordan so-and-so T-shirts, short-sleeved sportswear, etc.”

“At the same time...based on the consumer awareness we surveyed.”

 “According to this piece of evidence.”

“Consumers subjectively believe that the products sold by Jordan Sports Co., Ltd., including but not limited to basketball shoes, sportswear, etc., are related to the internationally renowned star Jordan, which is related to our client.”

“From this point of view, the products sold by Qiaodan Sports Co., Ltd. intentionally tie up the personal reputation of our client.”

“Using our client’s domestic fans and reputation to make profits.”

　　　….”

 After Li Xuezhen finished stating this point, she did not start to continue the statement.

 Zhang Yuan, who was sitting at the defendant's seat, took the initiative to raise his hand and interrupted Li Xuezhen's statement.

“Wait a minute, has the plaintiff finished stating this content?”

Li Xuezhen was a little overwhelmed by Zhang Yuan’s interruption: “...The statement is over.”

 “Well, then I want to ask a question.”

 Zhang Yuan spoke:

“There is a very noteworthy situation in trademark infringement, and that is whether it is intentional.”

“Trademark infringement is related to subjective intentionality.”

“First of all, when consumers buy trademarked brand items produced by our company, does our company take the initiative to say that this is the brand of a certain foreign basketball superstar?”

 “Isn’t this true?”

“According to the evidence presented by the plaintiff, these are the subjective wishes of consumers. They are what they are willing to think, not what we tell them to think.”

“Consumers are willing to think about it, what does that have to do with us?”

“Then it can’t be said that consumers are thinking of foreign basketball superstars, and this matter involves us, right?”

“Our trademark has been recognized by the State Administration for Industry and Commerce, and there is no irregularity.”

“What do consumers think? That’s the consumer’s business. We didn’t take the initiative to say it, so how can we call it infringement?”

“So from this point of view, it is not true at all, because there is no causal relationship between the two.”

　　　….”

 “One more point, which is also very important.”

“That’s the name Jordan—is the name Jordan exclusive to your client?”

 “Is this name a single collective name at home or abroad?”

  “Not really.”

“According to your statement, the name Jordan is the name given to a well-known basketball star in China.”

"What is the real name of your client, also known as "Jordan"?"

 “My real name is Michael Jeffrey Jordan.”

  “This name has many meanings in English.”

“Each one has different meanings, and it doesn’t have to be called Jordan.”

“From this point of view, does this have anything to do with our Chinese Jordan Sports?”

  “There is no necessary and causal relationship between the two.”

“Could it be that there is a superstar abroad and his name is so-and-so? We can’t use so-and-so to establish and register a trademark?”

“Can’t we use this name to name products?”

 “Why not?”

 “If you can, isn’t this suppressing our own business?”

“Besides...the real name is an English name, and the translation has nothing to do with Jordan.”

“So, is it a bit too much to say that the plaintiff does not allow us to use the name Jordan to sell goods?”

  “It can be seen based on the above.”

“The statement made by the lawyer appointed by the plaintiff does not contain any objective facts that infringe the trademark.”

“We think there is basically no need to talk about this topic any further.”

“Because whether it is based on the statement of the lawyer entrusted by the plaintiff or from the perspective of facts.”

“We have not relied on Jordan, and we have not published anything about the relationship between the party “Jordan” you mentioned and our products.”

“So the evidence and other evidence provided by the plaintiff’s lawyer are very unnecessary.”

 “Isn’t it?”

 Zhang Yuan's rhetorical question made Li Xuezhen, who was still making a statement, fall into silence.

According to legal conditions, there is indeed no problem with Zhang Yuan's answer.

 In terms of subjectivity, this is indeed the subjective behavior of consumers. And the name Jordan is not unique, but is public and can be used by everyone.

 What are the circumstances under which it cannot be used?

 What cannot be used is to use this name while using other characteristics related to the person.

ˆ With the help of celebrities’ fame, they have carried out a high degree of overlap to achieve their own profit goals.

　To put it bluntly, what is Zhang Yuan’s statement?

 Zhang Yuan’s stated point of view is that we cannot interfere with consumers’ own wishes.

 But as long as Jordan Sports Co., Ltd. does not say that Jordan is the famous foreign basketball star Jordan, then they do not need to be responsible.

 Furthermore, in terms of name, Zhang Yuan directly denied Jordan’s name, which is his domestic name.

 It can be said that the entire rebuttal is full of sophistry and is borderline.

 In this case, it was completely taking advantage of Jordan’s fame while avoiding legal risks.

 Achieving many things with one stroke, a hundred benefits and no harm.

  More importantly.

Although the other party is making excuses, from a legal perspective, there is nothing wrong with what he said.

 Because consumers’ subjective wishes and associations are foreign Jordans.

 This is caused by consumer subjectivity and behavior.

 This is indeed not causally related to Jordan Sports Co., Ltd.

 She didn’t know from what angle to refute.

 Take a deep breath.

Li Xuezhen did not continue to argue on this topic.

 Because if she got caught up in this topic again, she knew that she would still be at a disadvantage.

Li Xuezhen’s face tightened and she continued to speak:

“Presiding judge, we have other evidence that can prove the infringement of the defendant Jordan Sports Co., Ltd.”

After getting the consent of the presiding judge, Li Xuezhen immediately took out two panels from beside her.

 One picture is the flying man model that Jordan became famous for—the posture of dunking in the air.

 One is the trademark panel of Jordan Sports Co., Ltd.

Li Xuezhen looked at the defendant’s seat with a serious expression, and then spoke:

“These two panels are restored on a 1:1 basis. One is a picture of Jordan’s famous trapeze model, a dunk posture in the air.”

“The other is the trademark panel of Jordan Sports Co., Ltd.”

 “Let’s compare.”

 While saying this, Li Xuezhen folded the two panels together.

ˆ Jordan’s famous trapeze model is hollow in the middle and folded together with the trademark panel of Jordan Sports Co., Ltd.

 Perfectly consistent.

Li Xuezhen held up the two matching panels with both hands and said:

“It can be clearly seen from the comparison that it is the trademark of Jordan Sports Co., Ltd.”

“It matches 1:1 with our client, Mr. Jordan’s most famous trapeze posture, which is the posture of shooting in the air.”

“How should the defendant Jordan Sports Co., Ltd. explain this?”

Zhang Yuan smiled unconsciously when he heard Li Xuezhen's question.

 How to explain?

 This is so easy to explain!

Zhang Yuan looked at the two panels in Li Xuezhen’s hands, and then asked with a smile:

 “I would like to ask a question about the plaintiff.”

“The two panels you are holding, the one about your client, Mr. Jordan, has the facial features and related postures clearly engraved on it.”

“But does our trademark have any obvious characteristics?”

“Your trademark has obvious characteristics!”

Li Xuezhen continued to speak with a serious face:

“Isn’t the gesture of the trapeze artist holding a basketball a sign of overt sexuality?”

When Zhang Yuan heard this, his face was filled with a smile of victory:

 “The posture of a trapeze artist holding a basketball?”

"right!"

　　“This is Jordan’s signature move.”

Hearing Li Xuezhen’s words, Zhang Yuan continued to speak:

“That’s Jordan’s continuation, okay, I’d like to ask the plaintiff’s lawyer to look at the other panel.”

While speaking, Zhang Yuan also took out two panels, one of which was the trademark of Jordan Sports Co., Ltd.

 Another panel shows a faceless man holding a table tennis racket.

“Please ask the plaintiff’s lawyer to take a look at our two panels.”

“The meaning of our Jordan Sports Co., Ltd. trademark is sports, and so is our company, which mainly sells sportswear and running shoes as its main sales purpose.”

  “So our trademark contains the meaning of movement.”

“Table tennis is also a widespread sport in our country.”

 “It is our country’s national sport.”

“Please ask the plaintiff to entrust a lawyer to read it clearly.”

“Our logo is a person holding a table tennis racket, understand? It’s a table tennis racket, not a basketball!”

  “Moreover.”

“We don’t understand what the trapeze posture is. Is this posture exclusive to a certain person? Or has it become a trademark in law?”

“If this trapeze posture is a trademark, or if no one else can use it, then we have nothing to say about infringement.”

 “We will make immediate rectifications.”

"But if it's just a basketball player who makes his standard, or his famous move, and our move with a table tennis racket is similar to his."

“From this point of view, we do not believe that we have committed infringement.”

 “Why do you say that?”

“Because there is indeed no identifying or special evidence that can prove that we have committed infringement.”

“The plaintiff cannot say that we have committed infringement because the action of holding a table tennis racket is similar to your client’s famous posture.”

“This does not meet the legal basis and does not meet the conditions for recognition,”

“The above is our answer to the questions raised by the plaintiff.”

“I applied to the presiding judge to dismiss the plaintiff’s claim.”

Zhang Yuan looked at the plaintiff's seat with a smile on his face. He was confident of winning this lawsuit.

Judging from the two cases listed by the plaintiff, to be honest, there is not much to target.

 It is easy to refute.

 For example, in that trapeze posture, you say you are holding a basketball, and I say I am holding a table tennis racket. What can you do?

 You say basketball is a sport for you, but isn’t table tennis a sport for me?

 My table tennis is still the national sport!

You want to say that I am not holding a table tennis racket but insist that I am holding a basketball. Do you have any evidence to prove it?

 You have no evidence to prove it.

Then what I am holding is a table tennis racket, not a basketball. It has nothing to do with you, and it also does not constitute any infringement!

 Even the public knows that I am sidelined and that I am using Jordan’s fame to conduct sales.

 But you have no legal evidence and I can refute you legally, then I can still use Jordan’s trademark!

Is there a problem?

 No problem at all!

 Zhang Yuan had already prepared all kinds of evidence for the plaintiff very well.

 So when I saw Li Xuezhen taking out two drawing boards for comparison.

 Zhang Yuan believed that this case was 100% successful because he was fully prepared.

  There will be no other situation at all.

At the plaintiff's seat, Li Xuezhen was so shocked by Zhang Yuan's statement that she couldn't even utter a word.

So he could only turn his head, blink pitifully, and ask Su Bai for help.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)