After the meeting will face major intellectual property litigation, according to the SFC for the listing rules of the enterprise, Onitsuka Tiger sports will face the listing crisis, in order to resolve the crisis, Onitsuka Tiger sports and Michael. Onitsuka Tigeeached a settlement? This article will explore the relevant possibilities
According to reports, the US NBA star Michael. Onitsuka Tiger MICHAEL Onitsuka Tigeecently issued a statement, said China Onitsuka Tiger Sports Co., Ltd. hereinafteeferred to as Onitsuka Tiger Sports allegedly infringed its name and has filed a lawsuit to the Chinese court. Recently, the Shanghai Second Intermediate People s Court has formally accepted the case. It is reported that Onitsuka Tiger Sports was in November 2011 menstrual Shanghai Stock Exchange issued by the issuance examination board, approved to issue 11250 shares, to raise funds 1.06 billion yuan. Is currently awaiting approval from the China Securities Regulatory Commission CS.
After the meeting will face major intellectual property litigation, according to the SFC for the listing rules of the enterprise, Onitsuka Tiger sports will face the listing crisis, in order to resolve the crisis, Onitsuka Tiger sports and Michael. Onitsuka Tiger to reach a settlement? This article will explore the relevant possibilities.
first discuss how to be reconciled? There are three logical results in this case, one is Michael. Onitsuka Tiger is authorized by Onitsuka Tiger to allow it to use the Onitsuka Tiger brand. Second, Onitsuka Tiger Onitsuka Tiger brand to give up the company. Third, the Onitsuka Tiger company in the absence of Michael. Onitsuka Tiger authorized to continue to use the case of onitsuka tiger tai chi Onitsuka Tiger brand. These three kinds of results, the latter two must go through the court ruling, only the first case, because only the parties have done a compromise, be reconciled. We believe that the possibility of reconciliation in this case is very small.
First, Onitsuka Tiger has been dominant in the previous legal game.
Onitsuka Tiger in the previous legal game has been dominant, may not be willing to grant royalties to buy Michael. Onitsuka Tigers authorization. According to the Onitsuka Tiger Sports News spokesman disclosed from 2002 and 2007, with Michael Onitsuka Tiger has long-term relationship between the Onitsuka Tiger company has applied foegistration of eight sports trademark of Onitsuka Tiger filed objections and review, but were dismissed. Chinese Onitsuka Tiger and graphics trademarks were in 2005 and 2009 by the State Administration for Industry and Commerce as China Famous Brand. At the same time, the Trademark Law provides that even if the formation of trademark registration, the right holder should also be filed within 5 years revocation procedures. Onitsuka Tiger company in January 2007 in the 25th category of clothing, shoes and other goods made a trademark registration, and Michael. Onitsuka Tigers prosecution time is from February to March this year, has more than five years.
second, Michael. Onitsuka Tiger is subject to and Onitsuka Tiger contract constraints.
Even if Onitsuka Tiger agrees to spend money on purchasing licenses, even if the amount of royalties is expensive, Michael. Onitsuka Tiger is not likely to be authorized for it. First of all, it is not a pleasure to authorize the infringing persons name afterwards. More importantly, Michael. Onitsuka Tiger also and Onitsuka Tigers rival Onitsuka Tiger has a long history of cooperation, Onitsuka Tiger and its acquisition of Onitsuka Tiger have tried to stop the Onitsuka Tiger companys trademark registration, indicating that they value the commercial value of Onitsuka Tiger brand, therefore, Michael. Onitsuka Tiger if the Onitsuka Tiger competitor to the license may also be subject to Onitsuka Tiger and Onitsuka Tigers contract constraints.
third, Michael. Onitsuka Tiger is not entirely victorious hopeless.
Although according to the previous article, Onitsuka Tiger prosecution has exceeded the Trademark Law provides Court on the trial of registered trademarks, the name of the enterprise and the initial conflict in the case of civil disputes, a number of issues to answer the first article provides that the plaintiff to use the registered trademark of others, the use of text, images and other violations of their copyright, design patent, The name of the enterprise and otheights on the grounds of the right to bring the lawsuit, in line with the provisions of the Civil Procedure Law 108, the peoples court should be accepted.Therefore, Michael Onitsuka Tiger to sue, in line with our laws, the court can directly deal with .
Once the court has ruled that Onitsuka Tigers use of Onitsuka Tiger and the trademark of the trademark constitutes a violation of Michael Onitsuka Tigers name, the mark will be revoked. However, it is unclear whether the plaintiff sued whether the alleged companys infringement of its If there is no players figure, if the light of a Chinese transliteration, no image of the play, constitute the possibility of infringement is smaller, but because the use of trademarks in Onitsuka Tiger, if found to be infringing, its use of the same size Deliberately, and objectively, may still cause confusion, there may be certain infringement.
Fourth, Onitsuka Tiger may not be burdened by Michael. Onitsuka Tigers signing fee.
Although the Chinese sports brand in recent years frequently signed NBA superstar, such as Li Ning company signed a large shark ONeill, but signed the high cost of the NBA star, in the Chinese sports brand market competition, profit margins are not high, Onitsuka Tiger Not the first-line brand, the price of its products is much lower than Li Ning, Onitsuka Tiger and other competitors, therefore, whether it has financial input Michael. Onitsuka Tiger such a star is clearly doubt.
Finally, Onitsuka Tiger Sports has issued a review committee, is now waiting for the SFC to be issued. But this action may have an impact on its final listing, because Onitsuka Tiger Sports prospectus statement in the situation has changed, and its previous prospectus has the following statement issuer and Michael Onitsuka Tiger does not exist any business relationship , There is no use of its image for business, product promotion. The issuers firm and registered trademark does not exist infringement of Michael Onitsuka Tigers name or otheights, the issuer and Michael Onitsuka Tiger there is no dispute and potential disputes. Now Michael. Onitsuka Tigers lawsuit will overturn the contents of the statement, at the same time, because Onitsuka Tigers most valuable brand will be a greater impact on the outcome of the proceedings, so its recent listing difficulties should not be small.