As a Lawyer, You Sent the Judge In?

Chapter 423 The core of the judgment, the defendant: The blow is too great, and it is completely unbearable

 The collegial panel has completed its deliberations and the adjournment has ended.

 The views expressed by the three judges of the collegial panel are very consistent.

 That is to reject the defendant’s stated point of view and adopt the plaintiff’s stated point of view.

 At the court hearing table, Liang Youcheng, as the presiding judge, slowly spoke: "The court is adjourned."

 “The court will now continue.”

With the sound of the presiding judge's gavel, Zhang Yuan's mood suddenly became irritable for some reason.

Looking straight at the judgment seat, his expression was slightly nervous.

He didn't know exactly how the presiding judge would make a decision, but he always had a vague, bad premonition in his heart.

 On the other side, the general manager’s office of Jordan Sports Co., Ltd.

Xu Fei smiled as he watched the public trial begin again.

 According to Lin Hai's statement, and the performance of this court trial.

If nothing unexpected happens.…

Then the verdict must be that their side wins the case on this defense point.

Lin Hai also told him just now about the importance of this name right, as long as it is proven that Jordan is not "Jordan".

So, with the final judgment of the Supreme Court, they will win the case.

 There will be no other situations in this listing plan.

Thinking of this, the smile on Xu Fei's face became even more intense, and he looked forward to the presiding judge's relevant judgment.

 It's just...compared to Xu Fei's, Lin Hai's mood seemed a little worried.

　　Looking closely at the live broadcast room of the trial.

At this time, Xu Fei saw the presiding judge reading out the verdict and said with a smile:

 “The verdict will now be read out.”

“There should be no surprises this time. Okay, let’s get ready to leave.”

 “Just read this and that’s it…”

Xu Fei nodded with a smile and was about to get up.

 But when he heard the verdict read out by the presiding judge, a smile froze on his face.

 Just listen to the presiding judge read out the verdict on the bench.

“About the dispute between the plaintiff and the defendant as to whether the plaintiff has the right to the name Jordan.”

“The current judgment results are as follows: based on the interpretation of name rights and public identification.”

“The plaintiff’s party “Qiaodan” is known by his Chinese name Qiaodan to the domestic public and fans.”

“According to legal interpretation, Jordan’s name rights should be enjoyed.”

“It is now decided to adopt the plaintiff’s statement and reject the defendant’s statement.”

 The hammer falls and the judgment ends.

 In the general manager's office of Jordan Sports Co., Ltd., Xu Fei's smile solidified.

Pointing to the projected court room, he angrily asked Lin Hai: "What's going on?"

“How could this happen? Why were our court statements rejected?!”

“Director Lin, can you explain?”

Faced with Xu Fei’s question, Lin Hai didn’t know what to say.

From other perspectives, there shouldn’t be any problems with this judgment.

 However, the presiding judge made the relevant judgment based on the plaintiff’s point of view.

That must be taking into account that they are indeed acting on the edge of the law.

 Considering that they were judged in favor of the case, there was a certain adverse influence.

Or, considering that their sophistry was untenable, they dismissed it.

 But can this be explained to Xu Fei?

Can't.

 Because Xu Fei wouldn’t listen at all.

 For Xu Fei, what he wants is a result.

Now that the company is about to go public, the issue of trademark rights must be resolved.

 If this judgment point fails, the impact on the company will be huge.

Whether it’s taking responsibility or making key points clear.

Xu Feidu would only think that it was a problem with their legal department.

 So what Lin Hai needs to do now is to try his best to shift his responsibilities to others.

 After being silent for nearly ten seconds, Lin Hai directly disclaimed the responsibility of the legal department.

“Mr. Xu...you saw it just now.

Whether it is the content of our legal department’s statement or our rebuttal statement, they are all very exciting.

 And you agree, don’t you? "

“The reason for this judgment is mainly from the point of view of the presiding judge. The presiding judge is determined to suppress our company and suppress our legal affairs.”

 “This is something we can’t do anything about…”

"Moreover."

“I thought at the beginning that our legal department would definitely win the case, but who would have thought that something like this would happen..."

“I didn’t expect that the presiding judge of the Supreme Court would make such a decision.”

Xu Fei frowned slightly when he heard Lin Hai’s explanation:

“Then why did the chief judge of this final trial reject our statement?”

Lin Hai opened his mouth and said, "This must be an attempt to suppress us!"

Xu Fei frowned even more: "You said before that this judgment is very important, so do you think we can still win this trial?"

Lin Hai shook his head: "Mr. Xu, this is really hard to say."

“Next we still have to look at the defense statement from our legal department and the subjectivity of the presiding judge.”

"Mr. Xu, don't worry too much..." "Yes."

Xu Fei nodded absently, sat on the sofa again, and continued to watch the live broadcast of the trial.

.

 ….

 At the court hearing.

 At the plaintiff's seat, Su Bai breathed a sigh of relief after hearing the presiding judge's verdict.

 Concerning Jordan's name rights, this point has been determined.

Then some subsequent defense content will be better developed.

  Take the simplest example.

 After confirming the name rights of the client Jordan.

 Then it can be confirmed that the profitable sales behavior of Jordan Sports Co., Ltd., as well as its company name, infringed on Jordan's own name rights and legal rights.

 Can require its company to change its name, change the name of the sports goods sold containing the word "Jordan" and compensate Jordan himself.

 Because the right to name has been confirmed, it can be confirmed that Jordan Sports Co., Ltd. violated Jordan's legitimate rights and interests by naming him Jordan.

ˆ On the other hand... Jordan Sports Co., Ltd. relies on Jordan's own fame to conduct sales.

 In response to this, you can make a claim and request a public apology, as well as make corresponding compensation.

 Of course... Zhang Yuan and Xiao Youzhi, who were sitting at the defendant's seat, were equally aware of this situation.

 So when the judgment result came down, both of them were in an unacceptable state.

But….

 Now the presiding judge’s decision has been made.

Even if they cannot accept this judgment, it has become a fact and cannot change the result.

 You can only recover a certain amount of losses as much as possible from the subsequent defense.

On the bench, Liang Youcheng, as the presiding judge, continued to speak after reading out the verdict:

“The above determination is the result of the collegial panel’s decision after discussion.”

“As for the first point of the collegial panel’s summary, the judgment has now been completed, and the relevance of the second point will now be discussed.”

“The second point is whether the trademark of Jordan Sports Co., Ltd. infringes on the plaintiff Jordan’s famous moves and trapeze posture.”

“It is an infringement of Jordan’s right to image.”

 “Here, I would like to ask the plaintiff.”

“As for the infringement of portrait rights, does the plaintiff have any special identifying evidence that it can provide?”

When asked about this question by the presiding judge, Su Bai shook his head: "The presiding judge."

“The plaintiff has not been able to produce any special identifying evidence for the time being.”

“However, we believe that in this case, Jordan Sports Co., Ltd. has violated Jordan’s right to name.

 His trademark highly overlaps with Jordan’s famous trapeze pose. "

“Although the defendant stated that Jordan held the basketball high in the air, in its trademark, the basketball held high in the trademark was a table tennis racket.”

“But judging from the court situation, Jordan Sports Co., Ltd. has infringed Jordan’s right to name, so it is reasonable for it to continue infringing on well-known actions.”

“Although the statement of holding a table tennis racket high is reasonable, it is not appropriate to apply in legal situations.”

“The above are our views on Jordan Sports Co., Ltd.’s trademark infringement.”

 After Su Bai finished stating the relevant content.

Zhang Yuan was sitting on the defendant's seat, somewhat worried that the presiding judge would adopt Su Bai's opinion again.

So he quickly raised his hand to signal, and after obtaining the consent of the presiding judge, he retorted:

“We firmly disagree with the plaintiff’s view on this point.”

“The plaintiff believes that our trademark infringement is due to the infringement of the plaintiff’s right to portrait, Jordan.”

“But what is our trademark? It’s a faceless man holding a table tennis racket!”

“The plaintiff proposed that we have infringed on Jordan’s right to name.

The posture of a trapeze artist is related to the corresponding legal situation.

We believe that our trademark also infringes on Jordan's flying posture, and uses this to determine the infringement of his portrait rights.

There is no causal connection at all. "

 “That is, there are no objective facts.”

“Furthermore, the plaintiff’s party, Jordan’s trapeze posture, is not distinctive.”

“So we do not think that the legal scenario stated by the plaintiff is correct.”

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

 After Zhang Yuan finished his statement, he looked up at the presiding judge's seat.

As for the right to name just now, he really had nothing to state. He only needed to make a statement in accordance with the provisions of the law.

  Is there any counterargument based on this?

 But this trademark of Jordan Sports Co., Ltd. infringes on Jordan's image rights.

 He completely disagrees!

 He ​​did not deny that when the trademark was first created, the trademark of Jordan Sports Co., Ltd. was modeled after Jordan's famous action trapeze.

But.…

There is no special logo on this trademark. What does it mean?

　　That is, if you don’t think of Jordan’s famous moves.

Then the Jordan trademark will not have any connection with this famous move.

 That is to say...

This well-known move of the flying man does not represent Jordan himself.

If it cannot represent Jordan himself, then it does not belong and infringes on his portrait rights.

　　If the right of portrait is not infringed, then it is not illegal, nor does it constitute trademark infringement.

 Speaking of which, why did the presiding judge ask the plaintiff if there was any identifying evidence that could prove the infringement of portrait rights?

 The main reason is still this-the trapeze action does not represent Jordan.

This action is not exclusive to Jordan.

 So from this point of view...there is no such thing as Jordan Sports Co., Ltd. infringing Jordan's image rights.

 After finishing his statement, Zhang Yuan waited for the presiding judge to give a relevant response.

They lost in the judgment about the right to name just now, but they lost in the judgment about trademark and portrait.

 They must not continue to lose! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)