You became a lawyer and 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.

Now 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 said: "The adjournment is over."

"The court will now continue."

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

He looked straight at the judgment seat, his expression 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 is the office of the general manager of Jordan Sports Co., Ltd.

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

According to Lin Hai, judging from the performance of this trial.

If nothing unexpected happens.…

Then their side must win 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".

Then, in this final judgment of the Supreme Court, they will win the case.

There will be no other problems with this listing plan.

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

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

Watch the trial live broadcast room closely.

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

"The verdict will now be announced."

"There should be no surprises this time. Okay, let's get ready to leave."

"Just finish reading this..."

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.

"Concerning the dispute between the original defendant and the plaintiff as to whether the plaintiff has the right to the name Jordan."

"The current judgment is as follows: based on the interpretation of name rights and public identity."

"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?"

Facing Xu Fei's question, Lin Hai didn't know what to say.

From other perspectives, this judgment should not cause any problems.

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

That must be taking into account that they indeed have behaviors that skirt the law.

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

Or, considering that their sophistry was not valid, they dismissed it.

But can this be explained to Xu Fei?

No.

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 Fei would only think 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 abdicated the responsibility of the legal department.

"Mr. Xu...you saw it just now.

Whether it is the content of our legal department's report 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 insists on suppressing our company and suppressing 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 presiding 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 earlier 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..."    "Yeah."

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

....

At the court hearing.

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

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

Then some of the subsequent defense content will be better developed.

Give 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 personal name rights and legal rights.

It can ask its company to change its name, rename the sporting 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.

On the other hand...Qiaodan Sports Co., Ltd. uses Jordan's own fame to conduct sales.

In response to this, you can make a claim and ask for a public apology and corresponding compensation.

Of course... Zhang Yuan and Xiao Youzhi, who were sitting on the defendant's side, were also 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 come down.

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 decision has now been completed. Now we will discuss the relevance of the second point."

"The second point is whether the trademark of Jordan Sports Co., Ltd. infringes on the plaintiff Jordan's famous moves, the trapeze posture."

"It is an infringement of Jordan's image rights."

"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?"

After asking 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.

Its trademark highly overlaps with Jordan's famous trapeze posture. "

"Although the defendant stated that Jordan held the basketball high in the trapeze pose, 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 on 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 is our view on the trademark infringement of Jordan Sports Co., Ltd."

After Su Bai finished stating the relevant content.

Zhang Yuan sat 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:

“On this point, we firmly disagree with the plaintiff’s view.”

"The plaintiff believes that our trademark infringement is due to infringement of the plaintiff's client Jordan's right to portrait."

"But what is our trademark? It's a faceless man holding a table tennis racket!"

“What the plaintiff put forward is that we have violated Jordan’s right to name.

According to the corresponding legal situation, the posture of the trapeze was linked.

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

This has absolutely no causal connection. "

"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 statutory scenario stated by the plaintiff and the supposed statutory scenario are 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.

Regarding the name right just now, he really had nothing to state, he just needed to state it in accordance with the provisions of the law.

Is there any counterargument based on this?

However, the trademark of Jordan Sports Co., Ltd. infringes on Jordan's portrait rights.

He completely disagrees!

He did not deny that when the trademark was being made, 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 this Jordan trademark will not have any connection with this famous action.

That is to say...

This famous 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 there is no infringement of his portrait rights, then it is neither illegal nor trademark infringement.

Having said that, 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 lies in this point - the Flying Man's 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 the statement, Zhang Yuan waited for the presiding judge to give a relevant response.

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

Their side must not continue to lose! .

....

PS: Please give me a monthly ticket~

(End of this chapter)