[Ecommerce] China court rules against Nike in copyright battle
Ram
Ram <prabhuram@gmail.com>
Mon Jan 3 09:01:02 2005
China court rules against Nike in copyright battle
A Chinese animator has won a court battle against the US footwear and
apparel maker Nike Inc over the company's use of a stick figure
illustration, state media reported yesterday.
Internet cartoonist Zhu Zhiqiang had asked for 2 million yuan
(US$240,000) in compensation from Nike as well as a public apology for
allegedly copying his "Little Match Man" illustration in one of its
worldwide ad campaigns.
A Beijing court ruled on Wednesday in Zhu's favor, ordering Nike to
pay 300,000 yuan (US$36,000) in compensation and issue a public
apology to Zhu, the China Daily newspaper said.
"I got what I wanted -- confirmation on my copyright over my
stickman," Zhu was quoted as saying.
Zhang Zaiping, a lawyer for the Beaverton, Oregon-based Nike, had
argued that the image used by Nike was a common symbol not entitled to
protection under copyright law.
"From mural and stone paintings in ancient times to Sherlock Holmes
stories, the logo has been used repeatedly," Zhang was quoted as
saying in an earlier China Daily report.
The stick figure logo for Nike's "Creativity in Sports" campaign was
designed by an American advertising company in 2002 at a cost of 25
million yuan (US$3 million).
Nike plans to appeal the ruling, the paper said.
The case is an unusual reversal of roles for China, which has
frequently been criticized by the US for being lax about protecting
patents and other intellectual property.
The country's thriving industry in product piracy routinely violates
copyrights, trademarks and patents on movies, designer clothes and
other goods, despite promises by Beijing to crack down.
Taipei Times