China Releases Typical Cases of Judicial Protection of Personality Rights

Posted on Categories Case, Right of Publicity

On April 11, 2022, China’s Supreme People’s Court (SPC) released the Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code (民法典颁布后人格权司法保护典型民事案例). Although China is not a common law jurisdiction, the SPC often releases typical or guiding cases to assist trial courts in rendering decisions. The typical cases list 9, of which 3 may be of interest to foreign IP practitioners. Breach of personality rights, like unfair competition, can be a useful cause of …

China’s New Civil Law Adds Right of Publicity

Posted on Categories New Law, Rule or Implementing Regulation, Right of Publicity

The Third Session of the 13th National People’s Congress (NPC) voted and passed the “Civil Code of the People’s Republic of China” on May 28, 2020. This law will come into effect on January 1, 2021.  Part IV of the law is dedicated to Personality Rights, which include portrait rights, which is similar  California’s right of publicity and right of publicity for the deceased.  Portrait rights in China were previously protected under the General Principles of Civil Law and the new law provides significant …

Michael Jordan Prevails in Eight-Year Trademark Battle at China’s Supreme People’s Court

Posted on Categories Case, Right of Publicity, Trademarks

In a long-running dispute with Qiaodan Sports Co., Ltd., Michael Jordan recently prevailed at China’s Supreme People’s Court in revoking a trademark for “Qiaodan and Device”  (Qiaodan is the transliteration of Jordan into Chinese).  The China National Intellectual Property Office (CNIPA) must now reexamine the trademark in light of the Court’s ruling.

Bruce Lee Enterprises, LLC Sues Chinese Fast Food Chain for IP Infringement

Posted on Categories Case, Right of Publicity

Earlier this month, Bruce Lee Enterprises, LLC sued Shanghai Zhengongfu Fast Food Management Co., Ltd., Guangzhou Zhengongfu Catering Management Co., Ltd., and Guangzhou Zhengongfu Fast Food Chain Management Co., Ltd. (collectively referred to as Zhengongfu (真功夫)) in the Shanghai Second Intermediate People’s Court, asking Zhengongfu to cease using a Bruce Lee image (in marketing materials and signage), issue a public clarification in the media for 90 consecutive days  that it has nothing to do with Bruce Lee, and requested the …