As a Lawyer, You Sent the Judge In?
Chapter 421: Bullying Xiao Li? Su Bai came to regain the situation
Chapter 421 Bullying Xiao Li? Su Bai comes to get things back...
Su Bai looked at Li Xuezhen's pleading eyes, smiled and nodded.
The meaning is obvious, leave the rest to me.
During the entire trial of this case, the defendant was making excuses.
For example - Jordan's name rights, and Jordan's famous flying trapeze posture.
These two, these two viewpoints, no matter from which point of view.
In terms of consumer and public perceptions, the well-known foreign star Jordan is the first subconscious mind.
What did the defendant Jordan Sports Co., Ltd. do?
What they did was to take a sidestep and engage in sophistry.
When talking about Jordan’s foreign name, you don’t use his domestic name.
As well as Jordan's famous trapeze position, holding a basketball, and they are a faceless man holding a ping pong ball.
This is used to objectively deny any connection with Jordan.
But what about actually?
In fact, doesn’t the defendant Jordan Sports Co., Ltd. know that they have gained fame by taking advantage of Jordan’s fame and popularity among domestic fans?
They know it very well!
Otherwise, why didn't he register under some other name but as Jordan?
In a practical sense, isn’t the purpose still to rely on Jordan’s popularity?
Rely on this to generate marketing credits and sales.
ˆSignificantly save your own marketing costs, and directly raise your own grade by several grades.
Moreover, it also avoided relevant legal responsibilities and used sophistry to make corresponding refutations.
However, whether this sophistry can be established depends on the judgment of the presiding judge.
And the other side.
While the presiding judge is sorting out the defense contents of both parties.
What do the viewers who watched the live broadcast of this trial say about the defendant’s defense?
A little speechless and complaining like crazy.
“What is the defendant talking about, a table tennis racket?”
“Hey guys, Jordan is not called Jordan, basketball is called a table tennis racket. Of course there is nothing special about it!”
“This is a complete separation of relations!”
“To be honest, I was really shocked.
I did not expect to see this kind of situation in the Supreme Court hearing.
Hey guys, do you think the basketball in the trapeze hand is a table tennis racket? Who could have thought of a table tennis racket? ! "
"Hahaha, this logic is absolutely amazing! If you put it this way, I think if the defendant wins the case... it will be a typical case of successful sophistry!"
“It can’t be said to be a typical case, I feel it is already a special case!”
“I was really eye-opened by the defendant’s statement and re-understood the definition of sophistry!”
The barrage of watching the live broadcast of this court trial is full of ridicule for the defendant Jordan Sports Co., Ltd.
And the other side.
In the office of the general manager of Jordan Sports Co., Ltd.
Lin Hai, as the director of the legal department, is watching the live court hearing with Xu Fei, the general manager of Jordan Sports Co., Ltd.
Looking at Zhang Yuan’s rebuttal at the court hearing, Lin Hai smiled and said:
“Mr. Xu.”
“Don’t worry, there will definitely be no other surprises in this trial.”
“You see, Lao Zhang has worked in our legal department for so many years. He already knows how to refute this case.”
“There are no other big problems.”
Xu Fei also saw Zhang Yuan’s rebuttal performance at the trial and was very satisfied with it.
However, looking at the barrage on the live court hearing, Xu Fei frowned, pointed at the barrage and said:
“The comments on this barrage will still have a considerable impact on the company’s reputation.”
Lin Hai glanced at the barrage, thought for a few seconds, and then explained:
“Although the number of viewers of this trial was relatively high.”
"But.…"
“For our consumer group, they are in the minority after all, and most of them want to see us lose the case, or have a certain understanding of this case.”
“It’s not necessarily our consumer group, so it won’t affect our company’s reputation too much.”
Xu Fei: “I’m not too worried about watching this trial.”
“The most important thing is the public opinion effect after the end of this public trial, which has the greatest impact.”
Hearing Xu Fei’s worries, Lin Hai continued to smile and said:
“Mr. Xu doesn’t have to worry about this.”
“Lao Zhang also stated at the court hearing just now that if we win this trademark infringement case, we can claim compensation from the plaintiff, that is, Jordan.”
“We can also ask Jordan to admit the damage to our reputation and ask him to stop publishing relevant content.”
“As long as the Supreme Court can determine this.”
“Then, if the remaining scattered media publish statements that are unfavorable to us, we can also prosecute them.”
“Generally speaking…as long as you can win the lawsuit, you basically have nothing to worry about.”
Hearing Lin Hai's answer, Xu Fei showed a satisfied smile on his face.
“This time, your legal department did a very good job.”
“If we win the lawsuit, this case will be very critical for us, Jordan Sports Co., Ltd., and we are now preparing to go public.”
“There must be no surprises in the confirmation of trademarks.”
“I believe in you.”
“After this case is over, regarding your annual dividends and other aspects, I will consider increasing the rewards.”
Lin Hai nodded repeatedly when he heard Xue Fei's words: "Okay, Mr. Xu."
“Mr. Xu, don’t worry, there will never be any other problems in this case.”
….”
Lin Hai assured with a smile on his face.
.
….
At the court hearing. As the presiding judge, Liang Youcheng has made a certain summary of the existing situation.
In the final analysis, it is the current plaintiff who cannot produce discriminating evidence to accuse the defendant.
Thinking of this, Liang Youcheng looked at the plaintiff’s seat:
“Plaintiff.”
“According to what you just stated, there is no matter or evidence that can prove that you are particularly discerning.”
“Can the plaintiff make supplements?”
“Yes, Chief Judge.”
This time it was Su Bai who took the question from the presiding judge and responded.
“Presiding judge, we think that we need to continue to add to the two matters we just raised.”
“That is to say, the presiding judge still needs to make a corresponding judgment.”
Liang Youcheng: “Please state your supplements.”
"OK."
Su Bai continued: "First of all, it is about the issue of the name right of our client, Mr. Jordan."
“In the defendant’s description, our client does not use the Chinese name Jordan.”
“So in the defendant’s statement, they believed that using Jordan Sports Co., Ltd. and naming the product Jordan did not constitute an infringement of our client’s rights.”
“The defendant also stated that consumers have subjective rights and interests as consumers.”
“Qiaodan Sports Co., Ltd. did not intentionally inform consumers, so Qiaodan Sports Co., Ltd. does not bear corresponding legal responsibility.”
“Then I would like to ask, why is Jordan Sports Co., Ltd. named Jordan Sports Co., Ltd.?”
“In the public’s mind, Jordan is a well-known foreign star. Why doesn’t Jordan Sports Co., Ltd. change its name to another certain Sports Co., Ltd.?”
“Isn’t it true that the defendant’s name at the beginning, Qiaodan Sports Co., Ltd., has nothing to do with our client’s name in China being Qiaodan?”
Compared with Li Xuezhen's passivity, Su Bai's questions and opinions were very sharp.
Directly points to the core problem point.
ˆ Jordan Sports Co., Ltd. is named after Jordan, and all kinds of sports products sold are named after Jordan.
What is the purpose?
Isn’t the purpose just to gain the fame and fans of their client?
Definitely is!
So this point Su Bai asked is also very critical and important.
Since you said it, it was not to gain the fame and fans of the client.
So why is it named Jordan Sports Co., Ltd. and uses Jordan's name on the products it sells?
Can you answer this question positively?
Faced with this problem, Zhang Yuan did not respond from the front.
Because it is difficult to answer him from the front, there is no defensible reason.
So...Zhang Yuan answered from the side:
“Plaintiff, I would like to ask the plaintiff to confirm one fact and issue, that is, the name Jordan does not belong to your client.”
“Our use of Jordan has nothing to do with the plaintiff.”
“This is the main factor in this case.”
“As for why we chose the name Jordan, it is not the key issue argued in this trial.”
“The plaintiff is requested to pay attention to this issue.”
Not answering?
What does not answering indicate?
Failing to answer means that you cannot answer the question.
Why can’t you answer?
The answer is also very clear.
Because the plan of Jordan Sports Co., Ltd. from the beginning was to use Jordan's fame to sell sports brands in the country.
It is relatively difficult for foreign celebrities to file lawsuits in domestic judicial channels.
For example, this case took two years from the first instance to the final instance.
However, during the past two years, Jordan Sports Co., Ltd. still used the Jordan trademark to sell sports items.
ˆAccording to the financial data published within the company, the net profit is very high.
In other words, Jordan Sports Co., Ltd. has taken advantage of this difficult-to-win multinational dividend.
So speaking of which, is there any problem with what Zhang Yuan just stated?
In fact, there is no problem.
ˆAlthough it is avoided, why should it be named Jordan Sports Co., Ltd.?
But it directly shows a very crucial point in this case.
What content?
The content returns to the original question—whether the well-known star "Jordan" owns the rights to Jordan's name in China.
If the court confirms the Chinese name of the well-known star "Qiaodan", the Chinese name will be Qiaodan.
So in this case, Jordan Sports Co., Ltd. has infringed on the reputation and name rights of others.
The issue of making corresponding profit by using the reputation of others is the issue of trademark infringement.
And one more thing, after confirming this point.
Then it can also be determined from objective facts that Jordan Sports Co., Ltd. has intentionally infringed on the name rights of others.
As for the trapeze position, what is in your hand is a table tennis racket?
It can also be judged from subjective and corresponding legal situations.
At the end of the day...
The most critical thing now is the determination of the name right.
As long as it can be determined, the case can be won.
There are no other problems.
On the other side, Li Xuezhen was facing Su Bai with a question that made the other party afraid to answer directly.
Little stars flashed in his eyes.
bully me? Lawyer Su will help me regain my position!
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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