Yao Ming's attorney said that Yao Ming is the main center of the China national team and the Houston Rockets. He is an iconic figure of basketball in China, well known to the public in China, and has a high popularity and reputation. Without any legal authorization and justification, the defendant used "Yao Ming" and "Yao Ming Generation" as business logos without authorization, which was enough to make ordinary consumers mistakenly think that the source of the defendant's goods was related to the plaintiff, and then it was a serious unfair competition.
The plaintiff's agent claimed that the defendant used the plaintiff's signature and the "Yao Ming Generation" with the plaintiff's name as the business logo without the plaintiff's permission, and used it in the products such as clothes and sports shoes produced by the defendant, as well as in commercial activities such as website promotion. In addition, the defendant used the plaintiff's portrait in his products and publicity activities without the plaintiff's permission.
The plaintiff believes that the defendant not only violated the plaintiff's right to name and portrait, but also constituted unfair competition. The court is required to order the defendant to immediately stop unfair competition and infringement, publish a statement in China Industrial and Commercial Daily, China Sports Daily and other media to apologize and eliminate the influence, and compensate the plaintiff for economic losses of 6,543,800 yuan.
Defendant Wuhan Yunhe Shark Sporting Goods Co., Ltd. argued that its use of "Yao Ming Generation" as a trademark was authorized by Hongkong Yao Ming Enterprise Co., Ltd., and the trademark consisted of words and graphics, without highlighting the word "Yao Ming", which would not mislead consumers and its behavior did not constitute unfair competition. The "Yao Ming Generation" is not aimed at specific individuals. The defendant did not steal or use the plaintiff's name falsely, and there was no infringement of the name right. The company did not use the portrait of the plaintiff on its products, and there was no infringement. Request the court to reject the plaintiff's request according to law.
In the court, the original defendant argued with the defendant for nearly 2 hours, and the court will pronounce the sentence on an elective basis.