fashion essay

Emma Kate Davis September 7, 2020 Professor Jung FASH430

Brands in the News #1 Citation: Hall, C. (2020, June 24). Inside Michael Jordan's Eight-Year Trademark Battle in China.

Business of Fashion. https://www.businessoffashion.com/articles/professional/michael- jordan-nike-air-jordan-ip-china-trademark

Summary: This article details the long-ruling court case of Michael Jordan vs. Qiaodan

Sports which began when the Chinese company was sued for the distribution of its logo featuring a red silhouette with an uncanny resemblance to the pro basketball star and his widely- recognized Nike symbol. Media outlets have framed the outcome of this lawsuit as a palpable victory for Jordan because “Qiaodan,” which is also notably a transliteration of Jordan’s last name, lost its trademark, but the situation is far more comprehensive. The court determined that the outline alone did not violate Jordan’s portraiture rights because of its lack of defining characteristics, thus allowing the company to continue advertising with the image, just not in tandem with its pinyin name. Conflicts between Michael Jordan and Qiaodan Sports have been long-standing, as Jordan has failed to overturn 74 of Qiaodan’s trademarks due to the five-year statute of limitations that currently applies to trademark disputes, so while the newest ruling is not ideal for Jordan, whose collaborative merchandise with Nike is directly competing with Qiaodan’s in the Chinese market, it does alleviate some of the advertising noise that Chinese shoppers are exposed to in the sportswear retail sector.

Analysis: This case is very similar to the Louboutin example that we discussed during lecture last

week. Abubaker & Ors, the Mumbai-based company that was selling shoes with red soles, won Louboutin’s lawsuit against them because single colors are not protected under the Trademarks act of 1999. Both of these situations exemplify the complexities of trademark law because rulings can seem clear-cut when brands in competing markets are using promotional material or design elements that closely resemble those of another retailer, but outcomes are often much more complicated than they appear at face value. This story also strikes up an important conversation about brands’ perceptions in different countries. The article

mentions that in China, Qiaodan’s products are considered “less cool” than Jordan’s so while the logos are incredibly similar and IP rights still arguably infringed upon, the market implications in regard to consumer behaviors may not be extremely detrimental. While this is the case with Jordan’s merchandise in China, other brands may have a much more difficult time maintaining market share when competing retailers copy their ideas, which highlights one of the many reasons why trademark protection is important.