Jeremy Lin Facing Trademark Trouble in China

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While Jeremy Lin continues to succeed on the basketball court, his luck in the sports law arena isn’t so stellar. Since we last blogged about Lin, several other individuals have filed trademark applications for “Linsanity.” While he should easily defeat those claims in the United States, trademarking his name in his home country of China might be a bigger challenge.

It turns out that a Chinese company trademarked Jeremy Lin’s name in China over two years ago for a whopping $700. According to Reuters, the sporting goods company applied to trademark a variation of Lin’s name, “Lin Shuhao (in Chinese characters) Jeremy S.H.L. (initials of Lin’s Chinese name).” The trademark was approved last August for use in connection with a wide array of athletic apparel and sports equipment.

Lin and his corporate sponsor, Nike, will likely have difficulty securing the mark because China, unlike the United States, gives priority to those who file first. The country also does not require trademark applicants to show actual use or an intention to use before granting the mark. Of course, Lin and Nike could buy the trademark from Wuxi Risheng Sports Utility Co., but that will likely be a costly endeavor...

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Published In: Art, Entertainment & Sports Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Anthony Caruso, Scarinci Hollenbeck | Attorney Advertising

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