Concerned about the "Nike" and "Adidas" Zheng Zhi endorsement dispute, which lasted more than two years of litigation final outcome. Yesterday afternoon, the Shanghai First Intermediate People's Court ruled in the first instance that "Adidas" and Zheng Zhi jointly and severally compensate "Nike" for a loss of 200,000 yuan.
"Nike" endorsement contract Zheng Zhi but the first "Adi" shoes appeared
July 1, 2003, Nike (Suzhou) Sporting Goods Co., Ltd. and Zheng Zhi signed a contract, agreed that from July 1, 2003 to December 31, 2007, Zheng must participate in all sports or sports-related activities Wear and use only "Nike" foot products, clothing, accessories and utensils. According to the specific contract, Nike set the basic remuneration to pay for Zheng Zhi respectively: 200,000 yuan in 2003, 500,000 yuan in 2004, 600,000 yuan in 2005, 700,000 yuan in 2006 and 850,000 yuan in 2007 , Are the actual income after tax. In addition, performance bonuses will be paid on the agreed terms.
After signing the contract, Zheng Zhi in all kinds of competition are wearing "Nike" shoes. However, March 9, 2005, Zheng Zhi Shandong Luneng club to participate in the Asian Club Champions League, but wearing "Adidas" shoes. March 18, Zheng Zhi to "Nike" sent a letter asking to suspend the contract. By the end of April, Zheng Zhi signed the endorsement contract with "Adidas" Suzhou Company. Since then, Zheng Zhi in competitions and some large-scale activities, wearing "Adidas" shoes. November 7, 2005, Cheng Chi even more adidas for its production of special boots, printed on the vamp "Zheng Zhi" traditional Chinese characters, and after that frequently participated in the "Adidas" various promotional activities .
On May 10, 2006, Nike filed a lawsuit in Beijing Chaoyang Court on Zheng Zhi's endorsement of the "Adidas" dispute, but filed a lawsuit seven months later with insufficient evidence. In April 2007, Nike filed a lawsuit again in Shanghai, demanding that Adidas and Zheng Zhi cease the infringement jointly and jointly compensate for the economic loss of RMB8 million.
"Adidas" induce Zheng Zhi "Nike" loss difficult to quantify
In the opinion of the Intermediate Court, the contract between Nike and Zheng Zhi was based on the true will of both parties and should be strictly observed and fulfilled. From the "Nike" point of view, although they pay Zheng Zhi in the second half of 2004 by the bank to refund, but it is undeniable that the desire to perform normally, the money back, they take the initiative to pay the personal income tax Zheng Zhi, who is willing to continue to pay Pen expressed the meaning of the money is very clear, as did not continue to pay, does not rule out Zheng informed him that he will be transferred to ask for a suspension of payment possible.
From the aspect of Zheng Zhi, after Nike's payment was returned by the bank, Zheng Zhi never dunning, and his intention to refuse to fulfill the contract is obvious. Prior to the termination of the contract, Zheng Zhi in the competition did not press on the "Nike" shoes, apparently in violation of contractual agreement. Since then, Zheng Zhi has been wearing "Adidas" shoes appearances, intentional breach of contract is obvious.
A court found that "Adidas" contrary to the principle of good faith, deliberately lured Zheng Zhi high interest to breach of contract, so as to achieve its endorsement contract with Zheng Zhi purpose. "Adidas" and Zheng Zhi's behavior, resulting in "Nike" lost the rest of the contract period Zheng Zhi endorsement products should be obtained commercial benefits, the two sides should jointly and severally damages. As the "Nike" benefit losses suffered hard to quantify, as appropriate, determine the amount of compensation for losses of 200,000 yuan.