Michael Jordan Doesn't Own His Own Name in China Despite Being Awarded 'Emotional Damages'

Michael Jordan, a six-time NBA champion, does not own the rights to his own name in China. However, he did recently win a small amount of money due to a court ruling in Shanghai. The Qiaodan Sports Company must pay Jordan money but can still technically use his name due to the country's trademark laws.

According to Variety, a Shanghai court ruled on Wednesday that the Chinese sportswear and shoe manufacturer — whose name is a Chinese translation of Jordan — must compensate the Hall of Famer $46,000 for "emotional damages." Additionally, the company must also pay Jordan $7,000 for legal expenses incurred. The court ruled that the company has used Jordan's name as its brand for decades without authorization and that the company did so with the intention to "mislead" consumers.

In addition to paying the former Chicago Bulls player, the company must stop using the Chinese characters of "Qiaodan" in its corporate name and product trademarks. It must also issue a public apology in print and online clarifying that the company has no connection to Jordan. Finally, the company must take "reasonable measures" to indicate and clarify that older trademarks have no ties to Jordan.

The Shanghai court found in the recent suit that Bairen Trading, the company that purchased the products through legal channels, was not at fault. However, it ruled that the company should not sell products with copyright infringements in the future. The court also condemned Qiaodan Sports for registering the company name and choosing the word "Qiaodan" for trademark registration without Jordan's authorization, "despite knowing that he has a huge reputation."

The court also noted in its ruling that the company made a "very obvious attempt to mislead" consumers. It cited previous trademarks of Jordan's No. 23 jersey number, as well as Chinese translations of the names of his two sons. The court determined that the company "had the intention of causing or allowing for public confusion" through its actions.

The company was founded in 2000 and now operates 6,000 stores across China. According to Variety, Qiaodan Sports has registered roughly 200 trademarks related to Jordan. This list includes 12 that the company applied for in 2019. The former NBA player has filed 80 lawsuits against the company since 2012 but did not win any until 2016. China's supreme court awarded Jordan the right to his name in Chinese characters, but this ruling did not give the right to the phoentic spelling of "Qiaodan" in English.

According to the country's trademark laws, there is a five-year window in which registered trademarks may be disputed. Many of these Jordan-related trademarks are more than five years old. They are no longer irrevocable under the current laws, so the court can not fully order Qiaodan to stop using Jordan's name entirely.