December 8, 2016

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Slam Dunk: Michael Jordan Wins Trademark Dispute In China

A shopper walks past a Qiaodan Sports retail shop on Thursday in Beijing, China. Ng Han Guan/AP hide caption

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Ng Han Guan/AP

China’s top court has handed basketball legend Michael Jordan a victory in a long-running trademark dispute over the use of his name by a Chinese company.

“Nothing is more important than protecting your own name, and today’s decision shows the importance of that principle,” Jordan said in a statement after the ruling. Here’s more from Jordan:

“Over the past three decades, I have built my reputation and name into a globally recognized brand. From my earliest playing days in the NBA, through my trip to China last fall, millions of Chinese fans and consumers have always known me by my Chinese name, ‘Qiaodan.’ Today’s decision ensures that my Chinese fans and all Chinese consumers know that Qiaodan Sports and its products have no connection to me.”

The ruling by Supreme People’s Court overturns a previous ruling from a lower court that favored Qiaodan Sports Co., which makes sportswear and shoes and had registered the name as its trademark. The company has no relationship to the Nike Air Jordan brand.

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Jordan is widely known as Qiaodan in China, and he initially filed a lawsuit against the company in 2012.

The court “approved Jordan’s appeal that the trademark of his name’s translation in Chinese characters infringed on his right to own his name and violated the country’s trademark law,” according to the state-run Xinhua news agency.

This company is not subtle; according to Xinhua, it also used “Jordan’s old jersey number 23, basketball player logo and even names of his children.” As NPR’s Becky Sullivan has reported, the company does hundreds of millions of dollars of business annually, with some 6,000 locations in China.

U.S. President Barack Obama and NBA athlete Michael Jordan share a smile during the presentation of the Presidential Medal of Freedom, the nation’s highest civilian honor, in the White House last month. Saul Loeb /AFP/Getty Images hide caption

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Saul Loeb /AFP/Getty Images

After the ruling, Qiaodan “defended its actions but said it would respect the court’s decision,” The Associated Press reported.

The court’s chief judge Tao Kaiyuan “said there was an established link between Jordan and the Chinese characters for ‘Qiaodan,’ which are commonly used by the public when referring to the former basketball player, meaning that Jordan was entitled to protection under the Trademark Law,” according to the wire service.

However, it’s not a completely clear-cut victory: Xinhua added that court also “ruled that the former Chicago Bulls star does not own the right of name for Qiaodan, Chinese pinyin transcription of his surname Jordan.”

That means the company can use the word “Qiaodan” in Roman letters, but not in Chinese characters. The court said “there was not sufficient evidence to show that Chinese consumers associated” this version with Jordan, according to The New York Times.

The case could have broad implications; the Times calls it a “landmark decision that lays out ground rules for protecting personal names in trademark cases.”

In a country where foreign companies regularly come up against trademark disputes, lawyers tell the Times that this “establishes the scope of protection for personal names in trademark cases, indicating that foreign celebrities can successfully challenge third parties that use the Chinese characters of their names in China.”

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No Image

Slam Dunk: Michael Jordan Wins Trademark Dispute In China

A shopper walks past a Qiaodan Sports retail shop on Thursday in Beijing, China. Ng Han Guan/AP hide caption

toggle caption

Ng Han Guan/AP

China’s top court has handed basketball legend Michael Jordan a victory in a long-running trademark dispute over the use of his name by a Chinese company.

“Nothing is more important than protecting your own name, and today’s decision shows the importance of that principle,” Jordan said in a statement after the ruling. Here’s more from Jordan:

“Over the past three decades, I have built my reputation and name into a globally recognized brand. From my earliest playing days in the NBA, through my trip to China last fall, millions of Chinese fans and consumers have always known me by my Chinese name, ‘Qiaodan.’ Today’s decision ensures that my Chinese fans and all Chinese consumers know that Qiaodan Sports and its products have no connection to me.”

The ruling by Supreme People’s Court overturns a previous ruling from a lower court that favored Qiaodan Sports Co., which makes sportswear and shoes and had registered the name as its trademark. The company has no relationship to the Nike Air Jordan brand.

Article continues after sponsorship

Jordan is widely known as Qiaodan in China, and he initially filed a lawsuit against the company in 2012.

The court “approved Jordan’s appeal that the trademark of his name’s translation in Chinese characters infringed on his right to own his name and violated the country’s trademark law,” according to the state-run Xinhua news agency.

This company is not subtle; according to Xinhua, it also used “Jordan’s old jersey number 23, basketball player logo and even names of his children.” As NPR’s Becky Sullivan has reported, the company does hundreds of millions of dollars of business annually, with some 6,000 locations in China.

U.S. President Barack Obama and NBA athlete Michael Jordan share a smile during the presentation of the Presidential Medal of Freedom, the nation’s highest civilian honor, in the White House last month. Saul Loeb /AFP/Getty Images hide caption

toggle caption

Saul Loeb /AFP/Getty Images

After the ruling, Qiaodan “defended its actions but said it would respect the court’s decision,” The Associated Press reported.

The court’s chief judge Tao Kaiyuan “said there was an established link between Jordan and the Chinese characters for ‘Qiaodan,’ which are commonly used by the public when referring to the former basketball player, meaning that Jordan was entitled to protection under the Trademark Law,” according to the wire service.

However, it’s not a completely clear-cut victory: Xinhua added that court also “ruled that the former Chicago Bulls star does not own the right of name for Qiaodan, Chinese pinyin transcription of his surname Jordan.”

That means the company can use the word “Qiaodan” in Roman letters, but not in Chinese characters. The court said “there was not sufficient evidence to show that Chinese consumers associated” this version with Jordan, according to The New York Times.

The case could have broad implications; the Times calls it a “landmark decision that lays out ground rules for protecting personal names in trademark cases.”

In a country where foreign companies regularly come up against trademark disputes, lawyers tell the Times that this “establishes the scope of protection for personal names in trademark cases, indicating that foreign celebrities can successfully challenge third parties that use the Chinese characters of their names in China.”

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Retired Coal Miners At Risk Of Losing Promised Health Coverage And Pensions

Retired coal miners could face the loss of health benefits if Congress doesn’t implement a fix by Friday. Steve Helber/AP hide caption

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Steve Helber/AP

Without congressional intervention, about 16,000 retired miners in seven states will lose their health care coverage by the end of the year.

A proposal to temporarily extend the benefits is working its way through Congress. But two Senate Democrats, who are advocates for a more comprehensive plan, say the temporary provision isn’t enough.

They are threatening to hold up a spending bill that needs to pass by Friday night to keep the government running.

Coal mining is dangerous work. For many miners, a government-backed promise of lifelong health care for them and their dependents made the risk worth taking.

Roger Merriman, 65, worked in the coal industry for 28 years.

“When we all started in the mines, we were promised health care for life – cradle to grave,” he says. Merriman’s employer, Patriot Coal, filed for bankruptcy in 2012, then again in 2015. He is now slated to lose his pension and benefits. Merriman says that possibility of losing health benefits for his wife, who is younger than he is (at 65, he qualifies for Medicare), and their pension, is devastating.

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“We’ll have to make a choice of whether [we’re] going to the doctors and buying prescriptions or paying bills and eating. It’s a life and death situation realistically is what it is,” he says.

In 1946, the United Mine Workers of America and the U.S government agreed that union miners who put in 20 or more years would get lifelong pension and health benefits. Patriot is one of six major coal producers in the U.S. that has sought bankruptcy protection in the last few years, a process that often includes an attempt to drop retiree benefits.

After the Patriot bankruptcy in 2012, the UMWA negotiated a $400 million payment in bankruptcy court for retirees benefits. Existing companies pay into a UMWA fund for retirees, but as those mines close, there is less money going into the pot and the number of retired miners who are drawing from it is increasing. The fund is about to run out of money.

The UMWA’s hope was that the $400 million would give federal lawmakers the time they needed to pass legislation that would protect the miners.

Senate Democrats have been working for years to pass the Miners Protection Act — a bill that would move money from the Abandoned Mine Lands Reclamation Fund into a fund to pay for the pension and health care benefits of tens of thousands of coal miners and retirees.

West Virginia Sen. Joe Manchin, a Democrat, is frustrated by the benefits Band-Aid. “We’re asking for a permanent fix, we have a pay for for a permanent fix, it’s the excess that we have, the surplus in the AML money,” he said Tuesday on the Senate floor.

Manchin and colleague Sherrod Brown, D-Ohio, are trying to block a key government spending bill on the Senate floor until miners get their full health care and pension money.

“I haven’t ever used this tactic before, but I feel so compelled that I said we are going to do whatever we can to keep this promise,” he said Tuesday.

But the Miners Protection Act has met with resistance from Senate Republicans, who are wary of bailing out unionized workers.

Senate Majority Leader Mitch McConnell, R-Ky., proposed a temporary fix — tacking on $45 million taken from the existing UMWA fund to the continuing resolution that is needed to fund the federal government through April 2017.

The continuing resolution must be approved by Friday. Manchin and others are frustrated that it is only a solution for a few months and that it doesn’t include any money for pensions.

Critics of the Miners Protection Act say there are many struggling pension and benefits funds and that a government bailout sets a bad precedent.

This story is part of a reporting partnership with NPR, West Virginia Public Broadcasting and Kaiser Health News.

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