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Breaking-News >> TodayHistory On November 18, 1996, the NBA sued CNBA for infringement of its exclusive trademark rights
On this day, 29 years ago, November 18, 1996 (October 8, 1996 in the lunar calendar), the NBA sued CNBA for infringement of its exclusive rights to use its trademark. As the National Professional Basketball Association The NBA, whose property rights company commissioned Fortuna Intellectual Property Information Services Co., Ltd. to file a complaint with the Trademark Office, Fair Trade Bureau of the State Administration for Industry and Commerce of China, and the National Sports Bureau on November 18, 1996, arguing that "CNBA" was a "dilution phenomenon" of the NBA. This dilution weakened and damaged the original personality and value of the NBA, infringed on the exclusive right to trademark use, and also constituted unjust enrichment. This violates the principle of fair competition. The so-called "CNBA" is a new domestic basketball league sponsored by the State Sports Commission and China Basketball Association, and co-organized by Hong Kong Elite Company. The full Chinese name is "China's New Basketball Tournament" and the full English name is ChineseNewBasketballAlliance. This event officially opened on November 2, 1996. The first league will end in early March 1997. There are eight demonstration teams including Beijing Jingshi, Shanghai Jiaotong University Nanyang, Fujian Hurricane, Tianjin Bay Pioneers, Jilin Tiger, Hubei Yellow Crane, Henan Lion, Avant-garde Zhenyuan, etc., participating in the competition every Tuesday and Friday. The traditional National Men's Basketball League (CBA) hosted by CNBA and the China Basketball Association almost form a dual-track system in time. In this complaint, the NBA believes that when people see "CNBA", they will "naturally""associate" with the NBA. Basketball games held under the name "CNBA" are "easily reminiscent" of NBA games in the United States, or may be "misunderstood" as "China's NBA." Even if people think it is not China's NBA, they "at least misunderstand" that this event has "some connection" with the NBA. Therefore, the NBA believes that the operators of "CNBA" are using this "association" to increase their popularity and expand their influence, so as to obtain greater commercial profits. It is understood that the NBA has been registered as a commodity trademark and service trademark in more than 120 countries and regions around the world, including China. The United States believes that the NBA name not only has the original distinctive function of a trademark, but has also gradually evolved into a "symbol of quality, taste and fashion", with a "personality and value" independent of the specific trademark. It is reported that Hong Kong Elite Company, the co-organizer of the first Men's Professional Basketball League known as "CNBA", was also sued by NBA Asia Company to the Hong Kong High Court on November 25. On the afternoon of the 23rd, Zhong Tianfa, Director of the Second Division of Training and Competition of the State Sports Commission, presided over a press conference and made a formal response to the US NBA's complaint about CNBA infringement. Director Zhong Tianfa, who is in charge of basketball, said that the use of the CNBA name in the ongoing domestic men's professional basketball league does not constitute infringement of the NBA in the United States. Therefore, the National Sports Commission will "ignore" complaints against the NBA. Faced with complaints from the NBA in the United States, Director Zhong Tianfa believed that such complaints were untenable. Zhong Tianfa said that our league does not use the name "NBA". The American NBA has three letters, and "CNBA" has four letters, which are different in form and content. As a trademark, it should be composed of patterns and words. The first men's professional basketball league in China did not use the American NBA trademark pattern, and second, it did not use its words. It said "infringement." Where should we start? Director Zhong emphasized that the State Sports Commission of China organizes competitions in its own country and has the right to decide what names to use in accordance with the law. We welcome more sponsorships aimed at supporting the development of sports in China, but do not advocate that any company should monopolize this field. Otherwise, it will be unfavorable to the future of China's sports. It is reported that the NBA of the United States has been working hard to enter the China market in recent years to promote its "personality and value." People of insight pointed out that in a specific sense, the NBA's "complaint" actually reflects that international commercial competition is becoming increasingly intense in the sports field. News raw data sources → https://www.abtool.cn/today_detail/15oj.html 17WorldNews[2025.09.12-16:40] 访问:68
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