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People's Daily Online>>China Business

Lin's trademark bounce set to net top score (2)

By Zheng Xin (China Daily)

08:49, February 23, 2012

However, although Lin has also filed an application to trademark "Linsanity" in the United States, experts say he would need to get the authorization from the Wuxi company if he decides to claim its trademark.

"Registering a trademark based on a potential celebrity is like gambling, but it's a legitimate commercial activity and does not violate trademark law or intellectual property rights," said Liu Chuntian, director of the Intellectual Property Institute of Renmin University of China.

"Yu Minjie is neither profiting at other people's expense nor gaining extra advantage by unfair means."

According to Liu, Yu Minjie was sharp and lucky in her investment, and is entitled to the big rewards for her clairvoyance. There were no grounds for claiming that she's only capitalizing on Lin's sudden stardom.

Liu said that before a trademark is approved, the trademark office undertakes a three-month examination and the application is open to the people from across the world. It will be withdrawn if any violation or infringement is found, which is very fair.

"If other people fail to see the trademark application, that is not the applicant's fault," he said.

Liu said China treats trademark and intellectual property issues in accordance with the international standards and principles.

"Lin was barely known by the public when the Chinese trademark was registered and he could have been dropped from the team any time since then. There was no violation of trademark law or intellectual property then with so many other Jeremy Lins worldwide," he said.

However, Yu Guofu, a partner with Beijing Shengfeng Law Firm, which specializes in intellectual property, said it was hard to judge if the trademark "Jeremy S.H.L." was against Lin's rights as it was hard to judge if he was famous or not at the time it was registered.

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