http://blogs.ft.com/beyond-brics/2012/02/22/jeremy-lin-a-chinese-trademark/#ixzz1n6TLbNLX
Jeremy Lin: a Chinese trademark?
With Apple battling for its iPad trademark in China, another famous American product – Jeremy Lin – could soon face similar trouble.
A small sporting goods company in Wuxi, a manufacturing hub near Shanghai, has obtained a trademark on the Chinese name of the New York Knicks basketball star.
Yu Minjie, owner of Wuxi Risheng Sporting Goods, paid Rmb4,460 ($708) last year for 10-year ownership of the trademark, according to the Oriental Morning Post. Not a bad deal given the estimates last week in Forbes that the basketball player’s personal brand value is about $14m.
The official certification of the Chinese trademark can be found on the website of the State Administration for Industry and Commerce. (Go to the homepage, and search in the SGTMI section for trademark 8511617 – you can’t link directly).
The trademark will allow Wuxi Risheng to use Lin’s Chinese name on shirts, hats, shoes, balls, toys and more.
But before despairing at what seems another blatant case of piracy in China, this example actually raises several important points about the evolution of laws and competition for companies doing business in China.
First of all, the fact that an entrepreneur felt compelled to apply for a Lin trademark rather than just churning out apparel bearing his name is testament to how far China’s trademark and intellectual property landscapes have improved in recent years. Chinese markets are still full of knock-offs, but these are small potatoes for major companies. Their more serious concern now is ensuring that they secure all their trademarks and patents before someone else does. In this respect, China is little different from the US, where the fight is already in full swing over Lin trademarks.
Second, the details of the Lin trademark in China shed some flattering light on the country’s legal system. The trademark is not for his name alone but for the more expansive and cumbersome “Jeremy S.H.L. Lin Shuhao”, with Lin Shuhao written in Chinese characters. The implication is that Wuxi Risheng was unable to buy his name in isolation, which should protect any company that signs endorsement deals with Lin.
Finally, this case is a good example of China’s capacity to innovate – or, at least, to spot trends before they become big. Lin was virtually unknown in the US until this month. But Yu in Wuxi noticed him well before that. She originally applied for the trademark in July of 2010.
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