As a Lawyer, You Sent the Judge In?

Chapter 422: The court trial turns around. Is Jordan’s name “Jordan”?

 At the seat of judgment.

As the presiding judge this time, Liang Youcheng listened to Su Bai’s relevant narrative supplements.

Nod slightly.

The content of this case is the focus of the mutual defense between the two parties -

 The issue of whether the plaintiff has the right to name in China.

 What does the right to name look like according to the law?

 According to legal provisions, citizens enjoy the right of name. Although the right of name is not unique, it is identifiable.

 The defendant has been denying the plaintiff’s right to name. What is the main reason?

  It comes from the fact that the plaintiff party is a foreigner.



 This point can be adopted if it is in accordance with the provisions of the law.

but….

 Liang Youcheng serves as the presiding judge in this regard.

Has another view on this, and he also needs to hear the relevant statements from the plaintiff.

“The court has learned about the relevant statements of both the plaintiff and the defendant, and the court now makes the following summary.”

“First: The plaintiff and the defendant have relevant disputes over whether the plaintiff party enjoys the name right of the plaintiff party.”

“Second: The plaintiff and defendant have relevant disputes over whether the defendant’s company’s trademark infringes upon the plaintiff’s famous icon.”

  “The above is the focus of dispute between the two parties.”

“Does the plaintiff and defendant have any objections to the summary?”

Su Bai: "No objection."

 Zhang Yuan: “No objection.”

 The gavel struck.

Liang Youcheng continued: "Since both parties have no objections, do both parties have anything further to say regarding the plaintiff's name rights dispute?"

 “There is a chief judge.”

 “We have new opinions that require further presentation.”

Hearing Su Bai's voice, Liang Youcheng asked Su Bai to start stating the relevant content.

Su Bai simply sorted out the litigation materials in front of him, and then said:

“We have made a corresponding summary of the dispute over the right to name, its legal definition, and the defendant’s objections to this point.”

“We believe that with regard to the dispute over the right to name and the dispute over the name of the plaintiff, the defendant’s statements are reasonable to a certain extent.”

  “However, the relevant factors were not considered based on the actual situation.”

 “What is our client’s name? It’s “Jordan”.”

"From a Chinese perspective, it does not contain the word "Jordan"."

“The Chinese translation cannot only correspond to the word Jordan.”

 “But what is the actual situation, like what is the reality?”

“The reality is that our client’s name, “Jordan”, has a high reputation in our country and is known to the relevant public.”

“With a large fan base, in relevant news releases and media releases in my country, the word Jordan is usually used to refer to basketball player Michael Jeffrey Jordan.”

 “This is recognized by the public.”

“The word Jordan refers to our client and is well known and recognized by the public.”

“Under normal circumstances, the famous foreign basketball player Jordan generally refers to our client.”

“At this point, we believe that Jordan can be used as the name of our client.”

“Because the word Jordan is given not only as a name, but also as a recognition of our client.”

"We believe that...our client should be judged to have the right to Jordan's name."

“President, the above is our point of view.”

 The views stated by Su Bai are stated from the perspective of public perception.

 Because it is very troublesome and difficult to make relevant determinations simply in accordance with legal regulations.

 The conditions are very harsh.

From the perspective of this statement, does Su Bai’s statement have any legal basis?

  Nor does it.

 According to the detailed explanation of the right of name, the right of name is the identification of identity.

●The public’s understanding of the plaintiff’s client “Qiaodan” is that the Chinese name he refers to is named after Qiaodan.

 From this point of view, there is no basis for deviating from the law.

 So there is nothing wrong with Su Bai's statement of views, and it has legal effect.

Liang Youcheng, who was sitting on the trial bench, turned to look at the defendant's seat after hearing Su Bai's relevant statements.

“Does the defendant have anything to add?”

At this time, Zhang Yuan frowned when he heard Su Bai's relevant statement.

From a legal perspective, there is nothing wrong with what Su Bai stated.

This is also the most critical point of this issue - can the presiding judge be allowed to recognize Su Bai's statement?

 In his opinion, it is definitely not possible!

 Because their side won the case in the previous first instance and second instance.

 The reason is that Jordan's name rights have not been confirmed, and there is no infringement of portrait rights.

If.…

　　With Jordan’s right to name confirmed, in this case, as the defendant, they will fall into absolute passivity.

Think of this.

 Zhang Yuan raised his hand and said: "Presiding judge, we need to express our opinions."

 “Please make a statement from the defendant.”

 Zhang Yuan said: "We hold a different view from the plaintiff on this point of view."

“We believe that according to law, citizens should have the right to name.”

“But is the plaintiff a citizen of my country? He is not a citizen of my country, so he does not enjoy the right of name in my country.”

“On the above point, we believe that the plaintiff’s statement should be rejected.”

 When Zhang Yuan finished his statement, Su Bai raised his hand and said, "I would like to ask the defendant to be clearer."

 “What is the judicial interpretation of the right to name and what is its significance.”

“The meaning is the identity that is known to the public and the general public.”

“What is the perception of the word Jordan in the media and public groups?”

“It’s a foreign star, that is, our client.”

“So at this point, why can’t we enjoy the right to his name?”

“Moreover, the defendant relied on the General Principles of Civil Law, and we relied on the Civil Code.”

Zhang Yuan wanted to refute, but was interrupted by Liang Youcheng banging the hammer.

“The defendant will pause his statement for a moment.”

“Let me ask the defendant a question here. The defendant does not recognize that the plaintiff has the right to name.”

“Apart from Article 99 of the General Principles of the Civil Code, is there any other judicial interpretation?”

 Zhang Yuan heard the presiding judge's question and shook his head: "We have no other legal explanation."

“But we believe that the right to name is a right enjoyed only by our citizens.”

"OK."

Liang Youcheng nodded: "As to whether the plaintiff party enjoys the right to Jordan's name."

“Both the plaintiff and the defendant have made their presentations, and the collegial panel needs to conduct a collegial discussion.”

 “Now enter the adjournment!”

 With the sound of the hammer, the court entered the adjournment stage.

Su Bai breathed a sigh of relief when he heard the sound of the gavel sounding to adjourn the court.

 Now adjourn the court and enter the collegial session.

That shows that the presiding judge has a certain tendency towards the plaintiff, that is, the statement he just made.

 Otherwise, it would have been rejected directly just now.

 There is no need to adjourn the court for collegial deliberations.

 Because during the first and second instance proceedings, Li Han’s attorney also mentioned relevant content.

However, it was directly rejected by the court. As long as it enters collegial discussion, the problems in this case are not very big.

 At least what is certain is that the presiding judge has a corresponding tendency on this point of view.

 It's just that it's more relaxed than the plaintiff's seat.

 At the defendant's seat, Zhang Yuan and Xiao Youzhi's expressions looked a little solemn.

 In the first and second instances, the presiding judge did not discuss relevant issues!

 But now...why is there suddenly a collegial meeting?

 Should we adopt the plaintiff’s statement?

Thinking of this, Zhang Yuan and Xiao Youzhi couldn't help but look at each other.

 You can see a trace of solemnity and worry in each other's eyes.

This kind of solemnity and worry formed a sharp contrast with the relaxed feeling of using sophistry to refute at the beginning of the trial.

 Outside the court, viewers of the live broadcast of the trial also became curious about the verdict that was made after the collegial discussion.

They all began to speculate on how the final decision would be made.

 How to determine whether Jordan owns the rights to Jordan's name.

 However, some people in the comment area also stated similar cases.

 In the past, there were many trademark dealers who would rush to register the trademark of someone’s name when they became famous.

  To make a profit.

Later, during the relevant regulation of trademark law, a trademark dealer registered the trademark of a certain celebrity.

 Finally, the defendant went to court and it was determined that the trademark dealer knew the law and violated the law, and that his trademark was illegal and rejected it.

This case is similar, but Jordan is indeed not a domestic citizen.

Therefore, in response to this point, many lawyers in the comment area are unable to confirm which legal interpretation the presiding judge will ultimately adopt.

 However, one thing can be confirmed, that is, if the plaintiff’s statement is adopted.

 At least in the rush to register trademarks, there will be fewer unscrupulous trademark dealers.

 More standardized the implementation and specific content of trademark law.

　In the barrage in the live broadcast room, many lawyers expressed their opinions, and they summarized all aspects very well.

at the same time.

  General Manager Office of Jordan Sports Co., Ltd.

At this time, Lin Hai felt a little uncomfortable in his heart.

 Because he also knew in his heart that if the presiding judge wanted to reject the plaintiff's claim, he would reject it on the spot in accordance with relevant laws.

 But now that we are entering into a collegial discussion...it is obvious that there is a dispute on this point and there are different views.

how to say.…

 In this case, Lin Hai was also worried that the presiding judge would adopt the plaintiff’s argument.

Lin Hai was very worried, but Xu Fei was very excited.

 Because...he doesn't understand the law and thinks that the legal department staff performed well in this court hearing.

　　He was happily sharing his views with Lin Hai.

“This time, your legal department performed well.”

“Now that the court is adjourned for collegial proceedings, can we wait until the court session to announce the rejection of the plaintiff’s various claims?”

"Can!"

 “Done very well.”

“I originally expressed to the board of directors that continuing the trademark lawsuit may affect the company’s listing status.”

“But now it seems that I don’t have to worry about what your legal department has done, which makes me very satisfied.”

"nice!"

Xu Fei praised Lin Hai without hesitation.

Lin Hai smiled and nodded bravely: "Thank you, Mr. Xu, for the compliment."

 At this time, although he had a bad feeling in his heart.

but.…

 At present, it is just a collegial process, and he cannot confirm the final result of the Supreme Court's collegial process.

He can’t say, Mr. Xu, I think there is a problem with the court hearing this time, and we may lose the case...

so.…

According to Xu Fei's current expectations, this trial will definitely not fail.

 Otherwise...it is estimated that the listing plan of Jordan Sports Co., Ltd. will be shelved.

 It is very likely that their legal department will be disbanded.

Thinking of this, Lin Hai couldn't help but sigh secretly. At the same time, he looked at the live broadcast room that was entering the adjournment stage and thought to himself:

 “I hope there won’t be any other unexpected situations...”

.

 ….

 In the collegial court discussion room.

Liang Youcheng sat on the sofa and looked up at the two judges who were much younger than him.

 Hand asked: "This time, you are very critical in this case."

“The main thing is to determine whether the name Jordan is the name of the basketball star in China.”

“Zhang Shulin, Feng Feng, do you two have any opinions...”

 Zhang Shulin, who also serves as a judge of intellectual property and trademark property, expressed his opinions on the relevant circumstances of this case.

 “This case...I won’t talk about other aspects for now.”

“Look solely at the performance of the defendant company and its practices.”

“Obviously, they are taking advantage of the domestic fame of foreign sports star Jordan to sell their own products to gain interests.”

 “I think there is no doubt about this, right?”

Liang Youcheng nodded: "Well, there is no doubt about this, and the impact it has caused is very bad."

Zhang Shulin continued: "The defendant company's approach is indeed on the edge of the law."

“Let’s not go into details about this. Let’s talk about the plaintiff’s explanation. The public’s recognition of a certain person can be called his or her name.”

“I don’t think there is any problem with this. This is the interpretation of the law.”

“Civil law is not like criminal law. It is very formal and easy to understand. Personally, I don’t think there is any big problem.”

Liang Youcheng nodded after hearing Zhang Shulin's point of view.

“Actually, my opinion is also in favor of the plaintiff.”

“This is in the Supreme Court, and some of the cases decided by our Supreme Court are typical.

 Some content from the defendant.

 Although there is some basis, the basis is not comprehensive, and most of them are sophistry. "

“In terms of influence, I am more inclined to the plaintiff’s view.”

“This is my statement, what do you think of Feng Feng?”

 Feng Feng smiled and spread his hands: "I don't have any other opinions."

“As for the defendant’s behavior that is borderline legal, there is currently no specific relevant law, but it is definitely intolerable.”

"okay!"

Liang Youcheng nodded after hearing the two people’s statements.

 As the Supreme Court, they need to consider many aspects when hearing the case, and they need to be very comprehensive.

  After all, they have to make statements and specific claims on some marginal laws.

Like this case...

If they follow the defendant’s thinking in determining the right to name.

 What are the consequences?

 The consequence is that both the first instance and the second instance courts will use this case as an example.

 Many registered trademarks are subject to borderline legal actions.

 Cause serious adverse consequences.

 So this case is both from a legal perspective and from an influence perspective.

 The legal advantage held by the defendant is very small.

From this point of view, the defendant’s statement needs to be rejected.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)