• MSN
  • Hotmail
  • More
    • Autos
    • My MSN
    • Video
    • Careers & Jobs
    • Personals
    • Weather
    • Delish
    • Quotes
    • White Pages
    • Games
    • Real Estate
    • Wonderwall
    • Horoscopes
    • Shopping
    • Yellow Pages
    • Local Edition
    • Traffic
    • Feedback
    • Maps & Directions
    • Travel
    • Full MSN Index
  • Bing
  • NBCNews.com
  • TODAY
  • Nightly News
  • Rock Center
  • Meet the Press
  • Dateline
  • msnbc
  • Breaking News
  • Newsvine
  • Home
  • US
  • World
  • Politics
  • Business
  • Sports
  • Entertainment
  • Health
  • Tech
  • Science
  • Travel
  • Local
  • Weather
Advertise | AdChoices
  • Recommended: Are 'lone wolf' attacks the new path to terror?
  • Recommended: Zoo worker dies after tiger attack
  • Recommended: Toronto mayor denies, finally, use of crack cocaine
  • Recommended: Wife of slain British soldier says she thought he was 'safe' back in UK

First for breaking news and analysis: Compelling world news stories from NBC News journalists. Follow us on Twitter and Facebook.

  • ↓ About this blog
  • ↓ Archives
    • Icons Email E-mail updates
    • Icons Twitter Follow on Twitter
    • Icons Feed Subscribe to RSS
  • 15
    May
    2012
    4:42am, EDT

    Hipsters to the rescue? UK celebrity venue in spat with auto firm Jaguar

    Ian Johnston, msnbc.com

    Nick Letchford, co-founder of Jaguar Shoes, outside the bar in Kingsland Road, east London.

    By Ian Johnston, msnbc.com

    SHOREDITCH, London – A British arts "collective" visited by stars like Natalie Portman, Amy Winehouse and Beyonce is locked in a legal battle over its name with automaker Jaguar.

    Jaguar Shoes -- a cafe, bar and art gallery -- opened in London’s Shoreditch in 2001 at the start of the transformation of the area from a run-down district to a hub of artistic activity that's become a favorite haunt of the city’s “hipsters.”


    Founders Nick and Teresa Letchford, who are brother and sister, created the venue by knocking together a former bag store and a former shoe store. Partly due to a lack of money, they decided to keep the storefront signs, and the quirkily titled “Dream Bags Jaguar Shoes” was born.

    Because the Jaguar Shoes sign was over the main door, that became the name they were known by, the name of the collective of artists who show their work there and the name of their website.

    Portman partied, Beyonce borrowed office
    But when they sought to protect “Jaguar Shoes” with a trademark –- a move Nick Letchford said was a response to their work being copied -- car company Jaguar Land Rover submitted an objection that might ultimately make it impossible or impractical to use the name.

    The gallery has promoted more than 600 artists, musicians and fashion designers and has been featured in ads for the likes of sneaker firm Adidas.

    Follow Ian Johnston

    It was name-checked in the song “You Want History” by British band Kaiser Chiefs. Actress Natalie Portman once danced to the music of Animal Collective in the basement, and Beyonce borrowed their office to do a webcast.

    “In Shoreditch, that sort of thing doesn’t come as a massive surprise,” Letchford told msnbc.com in an interview at Jaguar Shoes, because it is “completely full of creative-industry types.”

    A former assistant film director who worked with Madonna's ex-husband and filmmaker Guy Ritchie, among others, Letchford said when they adopted the shoe store’s name, “it never crossed our mind” that there might be a problem.


    Follow @msnbc_world

    “This has been going on for about two years. We’ve tried to settle it, we’re looking to settle, but it feels like we’re banging our heads against a brick wall,” he said.

    “Conceptually, Jaguar Shoes is a very different thing to a Jaguar [car]. If I think what jaguar shoes are, what they represent … most people are going to see a pair of catskin shoes,” he added. “I think it’s basically a default objection to any other use of jaguar, the word.”

    Asked if losing the case would mean they would not be able to use the name, Letchford said, “I don’t really want to contemplate that.”

    Navajo file trademark suit against Urban Outfitters

    A hearing at the U.K.’s Intellectual Property Office is due to be heard in the coming weeks.

    Catherine Wolfe, president of The Institute of Trade Mark Attorneys, told msnbc.com that the “basic test” was whether people were “confused” and thought Jaguar Shoes had something to do with the car company.

    “Are you more likely to go to that bar because it’s got the name of a cool car?” she wondered.

    Gandalf saved 'The Hobbit'
    U.K. law also says a trademark will not be registered if it takes “unfair advantage” of or is “detrimental” to an earlier trademark.

    In a recent, separate case, a bar in Southampton, England, called The Hobbit was threatened with legal action for copyright infringement by California-based Saul Zaentz Co., which owns worldwide rights to a number of brands associated with author J.R.R. Tolkien.

    Attempts made to trademark 'Occupy' slogans

    After public outcry, a deal was reached that saw Gandalf actor Sir Ian McKellen help pay a copyright license fee to enable the bar to carry on using the name.

    Letchford clearly hopes publicity will persuade Jaguar Land Rover to drop its "irrational and inappropriate pressure," as he said in a press release on Jaguar Shoes' website.

    A petition has been set up asking people to sign if they have “never experienced any confusion between the restaurant bar and gallery brand JAGUAR SHOES and JAGUAR who make cars,” and wish to ask the trademark authority to allow Jaguar Shoes to trademark its name.

    As of Tuesday morning, the petition had 859 signatures. News of the legal fight has also been spreading on Twitter. Letchford said he thought it likely that most people in London’s creative industries had heard about their case. 

    Letchford said Jaguar’s attempt to protect its brand seemed to have achieved “completely the opposite.”

    “People have just been like ‘Is this for real?’ It doesn’t feel like it’s for real,” Letchford said.

    “I’ve been stressed out about it for two years, and now it’s about to come to a head. It’s a point of principle. really.… The sign is what started the business. That’s the genesis of Jaguar Shoes, that’s the authenticity.” 

    Jaguar Land Rover, owned by Indian car giant Tata Motors, did not return a call from msnbc.com asking for comment.

    While public records show that Jaguar Land Rover has objected, they do not reveal the grounds for the objection. Letchford said there had been negotiations with Jaguar Land Rover but added that he had been advised not to go into detail.

    More world news from msnbc.com and NBC News:

    • Vatican allows mobster to be exhumed for clues in disappearance
    • Mexico's drug war: No sign of 'light at the end of the tunnel'
    • Troops capture senior Kony commander
    • Palestinian prisoners agree to end hunger strike

    Follow us on Twitter: @msnbc_world

     

    55 comments

    Somethings wrong with this article. Since when do hipsters get jobs? I'm more impressed they did not argue about this article getting posted because now their store will be mainstream. Screw hipsters.

    Show more
    Explore related topics: britain, london, trademark, uk, gallery, jaguar, featured, hipster
  • 23
    Feb
    2012
    5:36am, EST

    Jordan sues for control of his name in China

    A pedestrian passes a branch of Chinese sportswear shop Qiaodan Sports in Shanghai on Thursday. Retired NBA superstar Michael Jordan announced that he has filed a lawsuit in China against Qiaodan Sports Company Limited over unauthorized use of his name.

    By Ed Flanagan, NBC News

    BEIJING – Between Linsanity and Apple’s iPad trademark case, it seems like the only things on people’s minds in China right now are basketball and trademarks.

    Leave it to “His Airness” to elevate that talk to another level.

    Earlier today, NBA legend Michael Jordan issued a statement announcing that he has filed a lawsuit in Chinese court against Qiaodan Sports Company Ltd., charging the company with using his name and playing number without permission.

    “A Chinese sports company has chosen to build a Chinese business off my Chinese name without my permission,” said Jordan in a video statement posted on a special website announcing the suit. "It pains me to see someone misrepresent my identity.”

    “Qiaodan” is a transliteration of the name Jordan has gone by in China since he and the NBA took China by storm in the ‘80s and ‘90s, transforming the mainland into a nation of basketball diehards.


    “It is deeply disappointing to see a company build a business off my Chinese name without my permission, use the number 23 and even attempt to use the names of my children,” Jordan said, referring to Qiaodan’s recent bid to trademark the name of his children in China. He continued by saying, “I am taking this action to preserve ownership of my name and my brand.”

    Jordan’s announcement is a blow to Qiaodan, a Chinese sportswear and footwear manufacturer that has its roots in the 1980s but found tremendous financial success when it changed its name to Jordan’s Chinese moniker in 2000.

    Company: Lots of people named 'Jordan'
    Since that time, Qiaodan has borrowed heavily from the Jordan mystique to drive sales in China. His iconic number 23 is on much of their sportswear and advertisements and equipment often sport a logo which greatly resembles Nike’s iconic “Jumpman” logo, which accompanies virtually all of Jordan’s branded gear.

    Still, the company denies any connection to the NBA legend and argues any resemblance is coincidental.

    Speaking to Chinese media today, a spokesman for the company brazenly claimed, “There is no connection, 23 is just a number like $23 or $230 dollars… I don’t think there is a problem at all here.”

    He continued by saying Qiaodan goes to great lengths to advertise that the company was a “China national brand” and that there was no need to tell every customer that they are not associated with Jordan since their brand is already unique to the mainland.

    Bob Leverone / AP

    Charlotte Bobcats owner Michael Jordan smiles as he announces a cash donation to the Second Harvest Food Bank on Feb. 20 in Charlotte, N.C.

    “Not everyone will think this is misleading,” said the spokesman. “There are so many Jordans besides the basketball player – there are many other celebrities both in the U.S. and worldwide called Jordan.”

    A bold claim by Qiaodan, but one that is seemingly refuted by a 2009 survey conducted by a Shanghai marketing company. They found that 90 percent of 400 young people polled in China’s small cities believed Qiaodan Sports was Michael Jordan’s own brand.

    “We live in a competitive marketplace, and Chinese consumers, like anyone else, have a huge amount of choice when it comes to buying clothing, shoes and other merchandise,” said Jordan, “I think they deserve to know what they are buying.”

    It’s a sentiment echoed by Nike, who markets the “Jordan” brand in China under its English name, which the Oregon-based company registered in China in 1993. It failed, though, to register the Chinese name, allowing Qiaodan to take it in 1998. Attempts by Nike to legally halt Qiaodan from selling under that name were blocked by the Chinese government’s state trademark office 

    Subsequently, one can walk into a sports store here in China and often find Nike’s official Jordan line of sportswear on sale just a few racks down from Qiaodan’s brand.

    Why now?
    In lieu of Nike’s previous experience in attempting to protect its trademark and the fact that Jordan himself has waited 11 years to make his first high profile attempt to stop Qiaodan, the question is: “Why now?”

    The answer to that may be found in two recent legal decisions involving two other NBA players.

    Stan Abrams of the invaluable China legal and business blog, China Hearsay, wrote about two cases involving Chinese basketball stars – Yi Jianlian and Yao Ming – and the parallels between their two trademark cases and the suit Jordan is bringing against Qiaodan.

    In the Yi Jianlian case, a company unaffiliated with the player registered for the trademark of his name in 2005. Yi filed a complaint with the Chinese Trademark Review and Adjudication Board and won in 2009; he also won a subsequent appeal in 2010.

    Yao Ming faced a similar issue when he filed suit and won against another Chinese sporting goods company, Wuhan Yunhe, which had attempted to trademark a name associated with the former NBA superstar.

    In both cases, lawyers for the players cited Article 31 of Chinese Trademark Law which states: "An application for the registration of a trademark shall not create any prejudice to the prior right of another person, nor unfair means be used to pre-emptively register the trademark of some reputation another person has used.”

    Perhaps seeing the trademark law now being more stringently enforced in cases closely paralleling his own, and already knowing the terrific economic potential for himself and his brand in China, Jordan must have seen this as the time to make a definitive move against Qiaodan.

    Considering Nike’s failed injunction and the fact that Qiaodan is a purely homegrown Chinese company – a fact that should not be underestimated - Qiaodan must have appeared frustratingly untouchable to Jordan, who touched on fairness in his statement.

    “When I was a former player, I played within the rules, I played off of honesty,” said Jordan. “Today, even in business, honesty is something that I truly, truly hold as a high value, and I stay within the guidelines.”

    While the lawsuit is primarily for control of his Chinese name in China, Jordan has pledged that any money earned in the lawsuit will be “invested in growing the sport in China.”

    “No one should lose control of their own name; China recognizes that for everyone. It’s not about the money; it’s about principle—protecting my identity and my name.”  

    One person who should take heed of Jordan’s words? Current NBA phenom, Jeremy Lin, whose Chinese name was registered by a Chinese company back in 2010.

    Watch Jordan's video statement

    70 comments

    Screw him. Michael Jordan can do virtually anything he wants and he never did a thing to help Americans- just take their money. Where are the Jordan shoes Made In America? Where are the Jordan clothes Made In America? They're not because all of these athletes are selfish. Screw Michael Jordan....unl …

    Show more
    Explore related topics: china, basketball, trademark, michael-jordan, jeremy-lin, ed-flanagan, linsanity, qiaodan

Browse

  • featured,
  • world-news,
  • syria,
  • europe,
  • china,
  • afghanistan,
  • world,
  • middle-east,
  • israel,
  • pakistan,
  • egypt,
  • iran,
  • updated,
  • russia,
  • uk,
  • north-korea,
  • africa,
  • london,
  • military,
  • assad,
  • france,
  • protest,
  • environment,
  • al-qaida,
  • britain,
  • taliban,
  • italy,
  • nuclear,
  • terrorism,
  • india,
  • asia,
  • germany,
  • japan,
  • vatican,
  • economy,
  • human-rights,
  • crime,
  • south-africa,
  • mexico,
  • pope
Also
Advertise | AdChoices

Ed Flanagan

is a Beijing-based producer for NBC News. In China since 2005, he has been a part of the team's China as well as regional news coverage.

Ed Flanagan Blogroll

  • Michael Pettis
  • James Fallows
  • China Law Blog
  • Silicon Hutong
  • Sinica Podcasts
  • China Digital Times
  • The China Beat
  • China Geeks
  • NBC World Blog
  • China Hush

Archives

  • 2013
    • May (193)
    • April (275)
    • March (432)
    • February (332)
    • January (323)
  • 2012
    • December (332)
    • November (332)
    • October (313)
    • September (360)
    • August (362)
    • July (310)
    • June (351)
    • May (427)
    • April (404)
    • March (427)
    • February (347)
    • January (284)
  • 2011
    • December (357)
    • November (3)

Most Commented

  • 'Leave our lands': Man knifed to death in suspected London terror attack (1241)
  • Sweden riots: Cops seek reinforcements, US citizens warned (1175)
  • UK mom calms man with blood-soaked knife after suspected deadly terror attack (1002)
  • Slain London soldier was 'loving father' who served in Afghanistan (783)
  • Sweden stunned by third night of rioting (632)
  • Wife of slain British soldier says she thought he was 'safe' back in UK (538)
  • North Korea fires more missiles, condemns US and South for 'war measures' (513)

Other blogs

  • The Body Odd
  • Cosmic Log
  • Red Tape Chronicles
  • PhotoBlog
  • US News
  • Open Channel

NBCNews.com top stories

3147,10
© 2013 NBCNews.com
  • World news on NBCNews.com
  • About us
  • Contact
  • Help
  • Site map
  • Careers
  • Closed captioning
  • Terms & Conditions
  • Privacy policy
  • Advertise