Professional Documents
Culture Documents
This book tells the stories of famous IP cases that resulted in huge
financial awards for the IP holders. These cases demonstrate the
importance of safeguarding IP and the potential benefits of
pursuing legal action against infringers.
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TABLE OF CONTENTS
CHAPTER PAGE
AUTHOR’S NOTE 1
PREFACE 2
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CHAPTER I
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INTRODUCTION
Did you know that using someone's name without their
permission can lead to a massive million-dollar fine? It's true! If
you use a person's name for commercial reasons without asking
them first, you could end up with a multimillion-dollar penalty.
One famous case that caught the world's attention was when the
basketball legend Michael Jordan took on a Chinese apparel
company called Qiaodan Sports.
In 2016, the court case unfolded, and all eyes were on the
proceedings. The case shed light on the importance of respecting
someone's identity and the serious consequences of misusing
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famous names for profit. Michael Jordan fought hard to defend
his rights, and in the end, the court ruled in his favour, making
Qiaodan Sports pay a huge fine for their unauthorized actions.
This story shows that even the biggest stars face challenges when
it comes to protecting their names and ideas.
So, whether you're a sports fan or just curious about legal battles,
this chapter will take you through the exciting details of the 2016
patent infringement case (Infringement is when someone uses or
copies someone else's work, ideas, or property without their
permission. It's like taking something that doesn't belong to you
and using it as your own, which is not allowed and can lead to
legal consequences.)
That being said get ready to dive deep into the intricacies of the
famous case that rocked the world of sports and intellectual
property rights.
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THE ANTICIPATION
Once upon a time in the fast-paced world of global sports, there
was a company called Qiaodan Sports Co. They became famous
in China for their clothes and shoes, but there was something
intriguing about their name—it sounded almost like Michael
Jordan's Chinese name!
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THE CLAIMS
Michael Jordan, the basketball superstar, had not only built a
fortune with his famous name, jersey number, and iconic leaping
pose but also his unique brand. However, trouble brewed when a
company called Qiaodan Sports Co. used his name and image
without permission.
On the other side, the defence team of Qiaodan Sports Co. argued
back, claiming they had every right to use the name "Jordan" as
it had become a common term in China. It was a battle of wits
and evidence, and everyone was on the edge of their seats to see
who would come out on top!
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You might be curious about the evidence presented in the
courtroom. Isn't it? Well, the showdown happened in the Chinese
court, where Michael Jordan's legal team put up a strong fight
against Qiaodan Sports Co. They had proof to show that the
company's actions were unfair competition and violated Jordan's
rights to his name and image.
On the other side, the defence team of Qiaodan Sports Co. argued
back, claiming they had every right to use the name "Jordan" as
it had become a common term in China. It was a battle of wits
and evidence, and everyone was on the edge of their seats to see
who would come out on top!
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THE VERDICT
In a big decision that shook the sports world, the Supreme
People's Court of China made a historic judgment in December
2016. It was a game-changer when the court agreed that Qiaodan
Sports Co.'s use of the "Qiaodan" brand and logo caused
confusion among customers and unfairly profited from Jordan's
famous reputation.
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CONCLUSION
With this the case finally comes with a solution or I rather say a
resounding thud of the judge's gavel, Michael Jordan emerged as
the winner, achieving a spectacular triumph for athletes
worldwide.
The clash between Michael Jordan and Qiaodan Sports Co. has
forever altered the way we understand sports and branding in
today's world. It's like a roller coaster journey/story of how a
single legal battle can reshape the rules of the game and leave a
lasting impact on athletes and their rights.
So, next time you see a famous sports star, remember that their
name and image represent more than just their achievements;
they stand as symbols of hard-fought victories in and out of the
court.
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CHAPTER II
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INTRODUCTION
Have you ever thought that a simple design could lead to a big
legal showdown? Well, that's exactly what happened in the case of
Crocs!
Well, this chapter takes you behind the scenes, revealing the
fascinating story of design registration, debates over originality,
and the exciting world of international intellectual property law.
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THE ANTICIPATION
In November 2004, something exciting happened for Western
Brands LLC, a US-based company. They achieved a major
milestone by registering the ground-breaking Crocs design with
the European Union Intellectual Property Office (EUIPO) as a
Community Design.
But that's not all! Before that, in May 2004, they had already filed
a US patent application, securing their rights to the unique design
that had taken the market by storm.
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THE CLAIMS
Let's fast forward to 2013, nearly ten years later, when the
registered Crocs design faced a challenge from a French business
called Gifi Diffusion. They raised concerns about the design's
validity under EU trademark law and asked the European Union
Intellectual Property Office (EUIPO) to declare it invalid.
Their argument was that the design had already been widely
known for over a year before the US patent application was
submitted, which was the important date for claiming rights. It's
like a thrilling plot twist in the world of footwear, where a
popular design faced a serious test of its authenticity.
From this point, the legal drama triumphs as Gifi Diffusion takes
on the iconic Crocs brand in this battle of trademark rights!
Refusing to give up, Crocs fought back and took the case to the
General Court of the European Union.
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THE VERDICT
Unfortunately for Crocs, the General Court upheld the EUIPO's
decision, delivering a significant judgment about the reach of
intellectual property rights. The court ruled that it didn't matter
where the revealing actions happened.
They pointed out that both the Crocs website and the nautical fair
in Fort Lauderdale, where the design was showcased, had a
worldwide audience.
This meant that Crocs couldn't show that at least one of these
activities didn't make the design public before the deadline. It's
like a legal mystery, where the court unravelled the truth about
the design's exposure, leaving Crocs with a tough loss.
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CONCLUSION
In the end, the European Court of Justice rejected Crocs' claim,
emphasizing the significance of the novelty rule and the
worldwide reach of intellectual property law.
So, next time you see a trendy design, remember the journey of
Crocs and the important lessons they learned along the way.
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CHAPTER 3
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INTRODUCTION
Copyrights are like a superpower in the world of creativity. Ah,
that's a powerful tool to explore and use. I'm sure you guys know
about Spotify! Well, this chapter will fill you in on all the juicy
details about what happened with Spotify.
In this case, we'll dive into the exciting world of digital music and
how copyright holders are making sure they get what they
deserve on these online platforms.
So, get ready for an exciting journey through the digital age of
music and the battle to protect the rights of the talented artists
behind those catchy tunes!
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THE ANTICIPATION
The music world has gone through a remarkable transformation,
moving from old-school LP recordings to the magical world of
streaming services like Spotify. It's like a fascinating dance of
technology and music! But wait, in this enchanting symphony,
there's a twist.
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THE CLAIMS
Spotify, the most loved music streaming service globally, found
itself in the middle of an exciting class action lawsuit during a
series of legal clashes.
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THE VERDICT
A triumphant gavel strike settled the case with a jaw-dropping
$112.00 million! It was an epic tale of justice, where the scales
perfectly balanced melody and fairness, showcasing the power of
technology in safeguarding the rights of copyright holders.
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CONCLUSION
The music world is transforming with the rise of online streaming
platforms. This brings new challenges for artists, music
publishers, and copyright holders.
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CHAPTER IV
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INTRODUCTION
Long ago, in the glamorous fashion world, two giants stood tall:
Gucci, the symbol of luxury and grace, and Guess, the epitome of
trendiness and style. But their rivalry was not just about fashion
shows; it spilled into courtrooms worldwide.
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THE ANTICIPATION
Back in 2009, there was a buzz in the fashion world as rumours
spread about a brewing conflict. Gucci, known for its famous "G"
logo and timeless green and red stripes, pointed fingers at Guess,
accusing them of copying their designs to ride on Gucci's fame.
The whole world was eager to see how this fashion face-off would
unfold in court. Was Guess really trying to imitate Gucci, or was
it just a big misunderstanding?
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THE CLAIMS
The stage was set in the New York Federal Court, where Gucci
stepped into the spotlight, ready to present their case. They
claimed with passion and conviction that Guess had purposefully
mimicked their distinguishing trademarks (Trademarks are
symbols, words, or designs that distinguish products or services
from others in the marketplace, helping consumers identify and
associate them with a specific brand or source.), in order to fool
consumers and profit from Gucci's reputation.
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THE VERDICT
Finally, a glimmer of hope appeared in the midst of years of court
battles. The Gucci and Guess representatives had gathered in a
secret location on the fateful day of April 2018. The two
adversaries reached a settlement through the virtue of
compromise.
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THE CONCLUSION
As the legal storm cleared, Gucci and Guess continued to shine in
the fashion world. They both kept their unique styles, making it
easy for fashion lovers worldwide to distinguish between them
without any confusion.
And so, the fierce battle between the fashion titans came to an
end. It's a day that will always be remembered as the moment
when Gucci and Guess put their rivalry to rest.
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CHAPTER V
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INTRODUCTION
UNRAVELING THE GALACTIC MYSTERIES: A
JOURNEY THROUGH STAR SYSTEMS
Once upon a time, in a galaxy far, far away, there was a
magnificent universe full of amazing stars and planets. They
danced together, creating a magical cosmic symphony. But here's
the twist: this celestial music was not just beautiful; it was also
protected by intellectual property rights.
It's like a cosmic treasure, where even the wonders of the universe
are safeguarded and respected. So, get ready to be enchanted by
this cosmic tale, where the secrets of the stars and galaxies unfold,
and the harmony of the universe is celebrated and protected!
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THE ANTICIPATION
Just like artists on Earth, stars and astronomical bodies are part
of a Universal Copyright Consortium that safeguards their works
from unauthorized copying across the Universe.
It's like a cosmic concert where even the wonders of the galaxy
are respected and their artistic brilliance is acknowledged.
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STELLAR'S NURSERIES AND THE STELLAR
GIANTS
From the cosmic nurseries, the most incredible artists were born
– the stars! The Universal Copyright Consortium played a crucial
role in nurturing these prototype stars, full of brightness and
potential.
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THE CLAIMS
The most famous stars in the cosmos were the stellar giants,
known for their breath-taking supernovae shows. But here's the
twist – their cosmic explosions were protected by strict
performance rights! To keep their brilliance exclusive to the
cosmic stage, these stunning events could only be captured and
shared using a consortium-approved sky telescope.
It's like a cosmic VIP pass, where only the chosen few get to
witness these awe-inspiring performances. Deep within the
mysterious universe, there existed enigmatic maestros known as
Black Holes. Their gravitational pull and cosmic storytelling left
everyone in awe.
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THE VERDICT
As we travelled through the vast universe, we encountered
astonishing sights that left us in awe. Nebulae, comets, and
planetary wonders adorned the celestial canvas, each one a
masterpiece protected by intellectual property rights. Comets,
those whimsical cosmic nomads trailing starlight across the
cosmos, were also under copyright protection. Their celestial
journey and radiant tails were documented by the Universal
Copyright Consortium, making sure that their charm stayed
exclusive to authorized stargazers.
The same strict copyright protection was in place for dark energy,
the cosmic accelerator forcing galaxies to disintegrate at lightning
speed. Only authorized researchers and scientists were allowed to
study its effects and unlock its mysterious nature.
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CONCLUSION
And so, the fascinating cosmic tale of galactic copyright reaches
its conclusion. Every star, nebula, and cosmic dancer has a special
story to share in this extraordinary universe of wonders,
protected by the Universal Copyright Consortium.
You're safe in the universe, and may the cosmic copyright be with
you!
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