Bruce Lee Co., Ltd. requested the court to order Gong Zheng to compensate it for its economic loss of 2 1 10,000 yuan, and to compensate it for its reasonable expenditure on rights protection of 88,000 yuan. It is reported that Bruce Lee's daughter ShannonLee (Chinese name: Li Xiangning) is the legal representative of Bruce Lee Limited Liability Company.
On February 26, 65438, Kungfu made an official statement: "Whether our trademark is infringed has been controversial for many years, but there has been no administrative or judicial conclusion that our trademark is infringed or revoked. After being sued for many years, we are also very confused and are preparing to respond. "
According to Zhongxin. Kungfu said, "We have no infringement and will not seek out-of-court settlement. There is no plan to change the trademark of the real Kung Fu brand. The claim amount of 2 1 100 million yuan has no factual and legal basis. "
Judging from the available information, Li Xiangning embarked on the road of defending his father's image from 20 10, but Kungfu didn't receive the formal indictment until 20 19.
How difficult is it to inherit and maintain the father's image?
Li Xiangning: The Guardian of Bruce Lee's Image
According to public information, Li Xiangning was born in 1969, and his father Bruce Lee was only 4 years old when he died. His impression of his father was obtained through photos, movies and memories of his mother and brother.
Bruce Lee also had a son, Brandon Li (Chinese name: Brandon Lee), who was born in 1965. Bruce Lee was only 8 years old when he died. As an adult, Brandon Lee appeared in many films, but in the film "Crow" filmed in 1993, he was accidentally shot and killed at the age of 28.
Like his father and brother, Li Xiangning chose to take the road of performing arts, majoring in acting, and received systematic martial arts training. From 65438 to 0998, at the invitation of Jiahe Company, Li Xiangning returned to Hong Kong to shoot the action film Hundun Brave. In the same year, Li Xiangning also participated in the Hollywood blockbuster "oscar pistorius 1" and played a supporting role in it.
In recent years, Li Xiangning has turned behind the scenes and participated in many cultural and film publicity activities related to Bruce Lee. In April this year, The Warrior, an American drama adapted from Bruce Lee's manuscript, was officially released. The story tells the story of a martial arts genius from China who went to San Francisco and fought a bloody battle with the gangs in the local Chinatown. It is reported that Li Xiangning also served as the producer of the play.
In addition to inheriting and developing Bruce Lee's cultural heritage, Li Xiangning also showed a strong side in spreading the image of Bruce Lee. Some foreign media said that Li Xiangning is the guardian of Bruce Lee's image. In July this year, quentin tarantino's Once Upon a Time in Hollywood was released, which caused a lot of controversy because of its interpretation of Bruce Lee. Li Xiangning accused Quentin of describing her father as an "arrogant bastard who only talks big" and demanded an apology from Quentin in the interview.
However, in an interview with Russian media, Quentin said that the image of Bruce Lee in the film was not fabricated, saying that he was "a somewhat arrogant person, who had said similar things in his life and left a similar impression".
Bruce Lee, the contested national idol.
Bruce Lee, as a national idol, has also been warmly sought after by businessmen, especially in Shunde, Bruce Lee's hometown.
According to the statistics of the Trademark Office, there are nearly 100 trademark application records of the Chinese character "Bruce Lee", among which Bruce Lee Paradise Co., Ltd. in Shunde District of Foshan City, Bruce Lee Memorial Hall in Shunde District of Foshan City and Bruce Lee Cultural Communication Center in Shunde District have the most applications. The earliest application records can be traced back to 2002. According to official website of the Trademark Office, the trademarks of "Bruce Lee" applied by the above three companies have all been invalidated.
According to Nanfang Daily, Bruce Lee Paradise and Bruce Lee Memorial Hall in Shunde have not been developed and used after registering dozens of related trademarks, but in 2009, a legend of bruce lee was born, earning 300 million yuan, which made many domestic businesses salivate over the "Bruce Lee trademark". After many twists and turns, Bruce Lee Memorial Hall decided to cooperate with Jun 'an Chiming Clothing in 20 12, and handed over some registered trademarks to Jun 'an Chiming, who launched more than 20 "Bruce Lee" brand clothing. It is reported that Jun 'an Chi Ming is a well-known local processing enterprise in Shunde.
In other words, Jun 'an Chiming obtained the trademark authorization transferred by Bruce Lee Memorial Hall, not the official authorization of Bruce Lee's descendants. According to official website information of Trademark Office, Jun 'an Chiming officially received the Notice of Trademark Invalidation from March 2065438 to March 2005.
In fact, on 20 10, regarding the trademark issue in Bruce Lee, Li Xiangning returned from the United States to defend her rights. The Trademark Office of the State Administration for Industry and Commerce issued a formal reply on 20 10, stating that "the development and utilization rights of Bruce Lee and his English name' Bruce Lee' belong to his heirs".
In addition to running for rights protection, Li Xiangning also took the initiative to register several "Bruce Lee" trademarks.
According to the official website records of the Trademark Office, Bruce Lee Co., Ltd., the plaintiff of Kung Fu, also applied for the registration of 65,438+04 "Bruce Lee" trademarks from 2065,438+02 to 2065,438+05, involving snacks, drinks, clothing, television, games, publications, teaching and other aspects.
The registered trademark of Kungfu is 15. How does Li Xiangning protect its rights?
On 20 10, Li Xiangning first talked to the media about his dissatisfaction with real kung fu, saying that he wanted to defend his rights, but there was no following. Until recently, Li Xiangning, as the legal representative of Bruce Lee Co., Ltd., formally filed a lawsuit with the Shanghai No.2 Intermediate People's Court, demanding that Kung Fu compensate him for his economic loss of 2 1 10,000 yuan and his reasonable expenditure on rights protection of 88,000 yuan.
However, Kungfu, who has used the trademark 15 years, reacted strongly to this, saying that "we have no infringement and will not seek out-of-court settlement. There is no plan to change the trademark of the real Kung Fu brand. The claim amount of 2 1 100 million yuan has no factual and legal basis. "
Kungfu was originally named "168 dessert house" and was founded by Pan Yuhai in Dongguan on 1990. Later, after my sister and brother-in-law Cai Dabiao joined us, they changed their names to "Shuangzi" Steamed Restaurant. In 2004, in order to open the first-line market, Kungfu commissioned Ye Maozhong marketing planning agencies to carry out brand planning, launch a new brand of Kungfu, and cooperate with the corporate logo that resembles Bruce Lee.
According to the information of China National Intellectual Property Administration Trademark Office, Kung Fu first applied to use Bruce Lee-like icons in cafes, cafeterias, restaurants and other places in 2004, and it has been 15 years.
Lawyer Qiao Wan Li, a senior partner of Zhejiang Zeda Law Firm and deputy director of the Intellectual Property Committee of Hangzhou Lawyers Association, said that the trademark of Kungfu has been approved and registered for more than five years, and the trademark right is relatively stable. It is difficult for Li Xiangning to invalidate the Kung Fu trademark through litigation.
Qiao Wanli said that after the application brought a trademark preliminary examination announcement or a registration announcement, the prior obligee or interested party found that it could raise a trademark objection in accordance with Articles 32 and 33 of China's Trademark Law at the stage of trademark preliminary examination announcement; If it is not found during the announcement period and has been approved for registration, according to Article 45 of China's Trademark Law, within five years from the date of trademark registration, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid, while the related trademark under the name of Kungfu has been approved for registration for more than five years, so it is very difficult to declare it invalid.
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