As a Lawyer, You Sent the Judge In?

Chapter 424: Making court statements, closed!

 At the trial table, Liang Youcheng listened to the defenses of both parties and made a certain conclusion.

This time, the defense point of both parties is whether the trademark of Jordan Sports Co., Ltd. infringes Jordan's own portrait rights.

 The most critical point of determination has just been stated by the defendant.

 The most critical point of judgment is whether the trapeze posture is unique to Jordan.

 This point... is obviously controversial.

 However, based on objective facts and objective correctness.

Is the trapeze posture unique to Jordan?

Certainly not.

This trapeze posture can only be said to be one of Jordan's signature moves, but it cannot be regarded as a unique move.

 Because movements are diverse, they are not exclusive to any one person.

 If it is an exclusive act, it will not be feasible in law.

 The most critical point is that the plaintiff’s statement is well known to the public.

 What is it known to the public?

 What is known to the public is Jordan, the iconic behavior of the man himself.

  Not this action, it is the unique behavior.

 Furthermore, Jordan has not applied for a trademark in China before, so this action is not protected by domestic law.

However, regarding this issue, Liang Youcheng suppressed it for the time being.

 At the current court hearing, the defenses of both parties have actually entered an advanced stage.

 If I continue to state it, there will be no other opinions.

 In summary, after both parties have determined the right to name.

  Whether the trademark of Jordan Sports Co., Ltd. infringes on Jordan's own portrait rights is actually not a matter of much debate.

 If there is no substantive evidence, then the defenses of both parties will basically end there.

Think of this.

Liang Youcheng banged the gavel and looked at the plaintiff’s seat:

 “I would like to ask a question again.”

“Can the plaintiff produce actual evidence to prove that you, Jordan’s famous action figure, have been infringed on your portrait rights by the trademark of Jordan Sports Co., Ltd.?”

“The plaintiff is not allowed to mention other matters and only needs to present practical evidence.”

Facing the presiding judge’s question, Su Bai took a deep breath and shook his head:

“Presiding Judge, we have no practical evidence.”

"Well!"

“The plaintiff has no substantive evidence, so it will not be determined at this time whether the trademark of Jordan Sports Co., Ltd. infringes Jordan’s portrait rights.”

 “Now please let both sides begin their court presentations.”

 Hear the presiding judge's request for a court statement.

Su Bai also had a rough guess about the final verdict of the trial.

It goes without saying that the determination of name rights is needless to say.

  Whether the trademark of Jordan Sports Co., Ltd. infringes on Jordan's portrait rights is the second point.

Judging from the current situation, it is very likely that the presiding judge will not support the plaintiff, which means that their side will win the case.

Why do you say that?

  Because the presiding judge twice asked the plaintiff whether there was any substantive evidence to prove the infringement of portrait rights.

 It has been confirmed that the presiding judge wants substantive evidence to prove the infringement of portrait rights, otherwise it will not be supported.

The plaintiff actually has no evidence to produce.

 Because the defendant, Jordan Sports Co., Ltd., did apply for a trademark on the sidelines.

And Jordan's famous trapeze moves are not his unique moves.

 In other words, this famous trapeze action is not his exclusive right.

 So in this regard, the court is likely not to support Jordan Sports Co., Ltd.’s infringement of Jordan’s image rights.

 Dismiss the plaintiff’s lawsuit application.

Of course, this does not mean that the decision of the presiding judge is wrong.

 But Jordan Sports Co., Ltd. has indeed avoided certain risks.

Thinking of this, Su Bai breathed a sigh of relief.

ˆ Regarding the second point, whether Jordan Sports Co., Ltd. has infringed Jordan’s image rights.

 In terms of the entire appeal, it is not very necessary.

 Because the compensation for infringement of portrait rights is very low, the benefits brought by trademarks are also very low.

ˆ Jordan Sports Co., Ltd. relies on the name Jordan to obtain profits, and its trademark is only a part of it.

  Generally speaking... no matter whether the trademark infringes the right of portrait or not.

It will not affect the final judgment.

 In other words, according to the claim, Jordan Sports Co., Ltd. violated Jordan’s right to name.

 Just based on this.…

 It is completely possible to achieve the lawsuit application stated by Su Bai previously.

 The focus of the court statement is also here.

certainly.…

 The Supreme Court determined Jordan’s right to his name.

 Then the defendant was in the initial litigation application.

 The plaintiff’s application for compensation of 60 million yuan can be completely rejected.

ˆ On the other hand, after the defendant’s request for compensation from the plaintiff is dismissed.

The plaintiff can also make huge compensation claims against the defendant Jordan Sports Co., Ltd.

 At the judgment seat, the presiding judge continued to speak:

“Please let the plaintiff make a court statement first.”

 “Okay, presiding judge.”

Facing the presiding judge’s request, Su Bai nodded.

ˆAfter sorting out the appeal materials in front of him, he began to make court statements.

“Our court states as follows:”

“In this case, the court has now determined that Jordan Sports Co., Ltd. has infringed the name right of our client, Mr. Jordan.”

 “This is a confirmed fact.”

  “And.”

“Since its establishment, Jordan Sports Co., Ltd. has repeatedly used our client’s right to name Jordan to name the products it sells.”

 “Using our client Jordan’s name to establish a company for profit.”

“Specific cases include using the name of Jordan Sports Co., Ltd. and naming its products as Jordan XX, etc.”

“A sales method that makes consumers mistakenly believe that it is a unique brand that our client Jordan is involved in and pay for it.”

“From this perspective, what Jordan Sports Co., Ltd. has done has seriously violated, affected and damaged the reputation and credibility of our client, Mr. Jordan.”

 “Severely infringed upon our rights and interests.”

“Jordan Sports Co., Ltd. uses our reputation and image rights to seek corresponding benefits for itself.”

“From this point of view, Jordan Sports Co., Ltd. has previously used sideline legal actions to make profits for itself.”

  “Have intentionality and have committed illegal acts.”

“Our appeal against Jordan Sports Co., Ltd. is to require corresponding legal compensation and a public apology.”

 “From a legal point of view.”

“Our request is very reasonable. I ask the presiding judge to consider the starting interests of Jordan Sports Co., Ltd. and the rights and interests that have been infringed upon by us to judge our claims.”

“Presiding judge, the above is our court statement.”

Su Bai’s statutory statement is relatively simple. In summary, it revolves around one point.

That is-Qiaodan Sports Co., Ltd. uses Jordan’s fame to conduct sales.

 Severely violated Jordan’s legal rights.

 So compensation must be made. To be honest, Jordan Sports Co., Ltd. was in the process of development at the beginning.

It was done by taking advantage of Jordan's fame and reputation in the country.

ˆAfter years of development, it has reached its current scale.

  And will be available soon.

 Among these, Jordan's fame and reputation can account for most of the credit.

 Marketing is an essential part of a company because of the brand it sells.

  And occupies the vast majority of influence among sports brands.

 There are no such examples in reality, for example - Li Ning.

 The development history of Li Ning is that in the early stages, it was a brand developed with the help of its own influence.

 Compared to Ning, Jordan has a relatively larger fan base in China.

Of course, this is also the result of his sports program.

Based on these, Jordan Sports Co., Ltd. has infringed Jordan’s right to name.

 As the plaintiff, Su Bai’s lawsuit application can definitely be judged successful by the court trial.

 On the other side, after hearing Su Bai’s court statement.

 Zhang Yuan also made a court statement at the request of the presiding judge.

 In fact.

 Zhang Yuan also knew that if he failed in this trial.

Then Jordan Sports Co., Ltd. needs to change its name.

 You may also face sky-high compensation penalties.

 Now, regarding the second point, the trademark of Jordan Sports Co., Ltd. has not been judged.

Even in the presiding judge's preference, it is very likely that the plaintiff's request for judgment will be rejected.

 But what is the most critical thing in this case?

 The most critical issue is Jordan’s name rights!

The judgment just made on this point has already explained in detail that the defendant lost the case in this trial.

 That's why Su Bai did not mention other issues in his court statement, but only mentioned the corresponding compensation and litigation applications.

 Zhang Yuan also knew that the reverse claim in this trial had also failed.

 Because based on the first point of determination of name rights, Jordan Sports Co., Ltd. is already at a disadvantage.

 The determination of the right to name proves that the other party did not deliberately spread rumors to affect the reputation of Jordan Sports Co., Ltd.

 The claim for RMB 60 million will naturally not be accepted by the court.

 And what he needs to do most now is...

 Try to reduce the losses of Jordan Sports Co., Ltd. in this trial.

 After clearing his thoughts, Zhang Yuan began his court statement.

“Presiding judge, our court statement is as follows.”

“As for the plaintiff’s accusation, our Jordan Sports Co., Ltd. has infringed on Mr. Jordan’s right to name. The court has already determined this point, and we will no longer make any further statements.”

"But we want to make it clear that we are not intentional in our subjective intention."

“What does this intentionality mean?”

"This intentionality means that our Jordan Sports Co., Ltd. does not subjectively use Mr. Jordan's name rights for marketing, or deliberately makes profits."

"So under this subjectivity, we believe that we should bear certain responsibilities, but we should not bear most of the responsibilities."

“We ask the presiding judge to take into account our subjective situation in making a decision.”

 In this case, it has been judged that the right of one's name has been infringed.

 Zhang Yuan can only act according to this situation and try to reduce the responsibility of Jordan Sports Co., Ltd.

 Thus avoiding some bad situations.

 But having said that...will Zhang Yuan's statement be accepted by the presiding judge?

 This can be said to be very difficult.

 Because it has now been determined that Jordan’s name rights belong to him.

  The business of Jordan Sports Co., Ltd. is to manufacture sports products for sale.

 In the early stage of sales, Jordan's influence and fame were more or less used.

also.

 Zhang Yuan did not state why Qiaodan Sports Co., Ltd. was named Qiaodan Sports Co., Ltd.

 In this case.

 In accordance with the corresponding statutory scenarios.

 The presiding judge will generally determine that the name was intentional and infringed upon the rights of others.

so.…

 Although Zhang Yuan made statements in this regard, he tried to reduce the liability issues of Jordan Sports Co., Ltd.

 However, the court may not necessarily adopt the situation stated.

 After the defendant finished his court statement, Su Bai raised his head and looked at the court seat.

 What is the most important situation now?

 The most important thing is that the final court statement has now been completed.

 How much of their side’s appeal will the presiding judge accept?

 According to Su Bai's estimation, the adoption of the appeal still requires further discussion.

 But what will be the result of the discussion... Su Bai is not completely sure about this.

 It was just as Su Bai expected.

 At this court hearing, the verdict was not announced directly.

  Rather.…

 The presiding judge announced in court that a verdict will be made on the specific circumstances of the trial one week later, and the verdict will be issued to both the plaintiff and the defendant.

 The court was then announced to be closed.

After the court was closed, Su Bai stood up with a smile, turned his head and looked at Li Xuezhen, who had a serious face on the side, staring at the defendant's seat, and said:

 “Okay, the court is closed...”

 “Stop staring.”

Li Xuezhen finally realized what she was doing, turned around, and raised her head slightly to look at Su Bai:

“Lawyer Su...This trial is over, but I’m still very angry!”

 “This defendant was really sophistry in the early stages!”

 “The table tennis rackets are all out...”

Su Bai looked at the angry Li Xuezhen and expressed that he understood.

after all.…

In the early stages of this trial, Li Xuezhen gave her defense.

 As for this kind of defense, Li Xuezhen does not have much experience in dealing with it.

It's hard not to get angry when you know that the other person is talking nonsense but you can't refute this situation.

  It may be more of a kind of speechlessness.…

Su Bai smiled and said: "Okay, don't be angry, this trial is over."

“The rest is just waiting for the judgment to be issued.”

"Um!"

Li Xuezhen glanced at the defendant's seat again, then looked back, feeling much better.

On the other side, Li Han also walked up to Su Bai and said with a smile:

“Lawyer Su, this trial is really an unexpected surprise.”

“The Supreme Court has ruled that Mr. Jordan has obtained the right to his name, so this case cannot be lost no matter what, right?”

Su Bai could see what Li Han was thinking.

Li Han’s purpose was undoubtedly to ask how much the presiding judge might agree with the claims made in this trial.

Su Bai also directly answered Li Han’s doubts.

“If nothing else happens, we will definitely win the lawsuit, regarding the lawsuit application.”

“I think the Supreme Court will agree to all the plaintiff’s claims.”

Hearing Su Bai's answer, Li Han's face clearly showed a hint of surprise.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)