Shaolin Trademark

[GeneChing]

Venerable Abbot Shi Yongxin is trying to get the Shaolin name trademarked now. Seems like he'll be a little late, but imagaine the impact if he succeeds. Check it out:
http://www.law.com/jsp/article.jsp?id=1032128613059

[Royal Dragon]

If this goes through, can they sue me for advertising I Teach Shaolin Kung Fu? Will I have to apply and pay them to use the name?? Or will proving that I actually teach Shaolin forms suffice?

On one hand, it would be cool to see the Shaolin Temple shut down guys like Simon (Temple Kung Fu) on the other it would really suck if they shut me down for not making a finacial contrabution to them.

I'm against it. The name is out of the bag, and has been for centuries. It's a bit late now me thinks.

[Shaolin Master]

I don't think it applies to martial arts, it is more than likely applied to trademark branding on products such as :
Shaolin Coca Cola,
Shaolin Cigarettes etc.......

In terms of martial arts any KF with its basis in Shaolin can use the name as it is public domain in the KF world, legally it would be unjustifiable as it is to difficuilt to prove shaolin in ancestry and shaolin in its modern personae as presented by Shi Yong Xin Fang Zhang.

Rgd.,

[Crimson Phoenix]

Sadly, it seems more that it has to do with $$$$ than with preserving "authentic" shaolin...

:mad:

[GeneChing]

Shi Yongxin has been fighting against all sorts of private companies that market shaolin products like cigarettes. He won a historic battle against a Shaolin sausage company. In China, trademarks are a new concept, so are lawyers really. This trademark battles are very new there, very difficult to win and more difficult to enforce. The sausage lawsuit was a major victory for Shaolin. I mean really, I love Shaolin collectibles, but sausage?

[Royal Dragon]

Yeah, calling something the "Young forest sausage" would be a travisty, especially if it was produced in a newly planted forest.

[r.(shaolin)]

I thought those of you that have followed the trademarking of the word "Shaolin" world-wide, might be interesed in how the Canadian story has developed - its seems to have taken a different turn in this case.
Canada:
http://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/vwTrdmrk.do?lang=eng&status=OK&fileNumber=1160691&extension=0&startingDocumentIndexOnPage=1

r.
Europe:
http://oami.eu.int/CTMOnline/RequestManager/en_Result?listType=1&transition=ResultsDetailed&selectOrderby2=&denoselect=1&selectOrderby=&idappli=&ntmark=&application=CTMOnline&bAdvanced=0&totalFound=null&language=en&deno=shaolin&ownerselect=&blimited=&source=search_basic.jsp

[Banjos_dad]

That's pretty cool. A lot of information packed into that. They are planning to market a wide range of goods, it looks like. You will be able to buy an official shaolin miter.

I wonder what the athletic shoes will be like.

[David Jamieson]

That is a trademark and is totally allowable.

However, so is it legal if I make an alternate trademark logo and give it the name shaolin.

the name shaolin will likely never be trademarked, but at least with that logo, we will be able to identify what is from teh temple and what is just called shaolin.

good on them. there are a lot of 'shaolin' products out there that are NOT shaolin at all.

[GeneChing]

That image is from an old stele - I tried to find the date on it, but I'd have to dig through my libraries to get it. It's famous because it shows graphically the three-in-one. Few westerners are that into it, but it's very significant to the Chinese and to scholars.

There's this huge Shaolin trademark issue here in California. It's pretty hush-hush, but the grist of it is that a private entrepenuer claims rights to the name. We discussed it a bit last year (http://ezine.kungfumagazine.com/forum/showthread.php?t=35698). It relates to the Shaolin tour that just came through here (http://ezine.kungfumagazine.com/forum/showthread.php?t=37527&page=2).

[r.(shaolin)]

re: "Shaolin" Word trademark.
Recently someone has requested that PRC Shaolin Si's, word trademark "Shaolin" be cancelled in Europe. The bases cited was, bad faith and / or invalidity.

. . . . and . . . . a new trademark application for "Shaolin" has been filed by a German company called "Shaolin Temple Industry Development Europe GmbH.

Does anyone know what thats all about.

r.

[GeneChing]

But here's one of the Shaolin Trademark threads (part 1) (http://ezine.kungfumagazine.com/forum/showthread.php?t=16438). I was digging through the archives for somethign completely different and stumbled across it.

[GeneChing]

The Shaolin trademark was denies by China

China court rejects Shaolin temple trademark bid: report (http://economictimes.indiatimes.com/ET-Cetera/articleshow/5862947.cms)
27 Apr 2010, 0010 hrs IST,AGENCIES

BEIJING: Persistent attempts by China's famed Shaolin temple to stamp its trademark on instant noodles and coffee may have hit a brick wall after a court ruled against the move, state media said Tuesday.

The temple in central China -- world-famous for its kung fu and more recently its commercialism -- applied in August 2004 to put the brand "Shaolin Medicine" on items such as noodles, the Beijing Times newspaper reported.

Authorities refused their application twice, prompting the temple to file a lawsuit last year, it said.

But a court in Beijing ruled Monday that using the trademark "Shaolin Medicine" could "easily lead consumers to think that the products came from a pharmacy and that they could contain some medicinal elements," the report said.

The court said consumers could be misled about the products' function, which would "create a bad social impact".

Neither the court nor a spokesman for the temple were immediately available for comment.

The temple -- which makes millions every year from entrance fees, online sales of Shaolin items such as spearheads and its travelling performing troupes -- has attracted controversy in China over charges of rampant commercialism.

The temple's money-making success is largely attributed to abbot Shi Yongxin, a monk who took charge in 1999. Dubbed the "CEO of Shaolin," he has been repeatedly criticised for his perceived pursuit of money.

But some have defended him, saying he is simply adapting with the times.

[Shaolin]

However, so is it legal if I make an alternate trademark logo and give it the name shaolin.

the name shaolin will likely never be trademarked, but at least with that logo, we will be able to identify what is from teh temple and what is just called shaolin.

That's exactly what I did; I tied the name into my logo and trademarked it. (see avatar)

[GeneChing]

Sorry, just couldn't resist that. Take that topic up here. (http://ezine.kungfumagazine.com/forum/showthread.php?p=1009019) ;)

[RenDaHai]

I don't think it would effect martial arts, its more for products. There is a shop inside shaolin now that sells all sorts of specially shaolin baranded stuff. The shoes are pretty cool, they are kind of like modern monk shoes.... All the stuff is pretty expensive though.

Here is a picture of the Logo they use as it appears in the original Stele (attached). Sorry, it is behind glass and i don't have a polarising lense, or a good camera. On the bottom are the soles of a persons feet with each area labelled according to how it effects the rest of the body.

[LFJ]

it says; 释迦如来双迹灵相图, "diagram of shakyamuni tathagata's footprints". not just any person's feet would have dharma wheels on the soles and 卍 on the toes, among other symbols. :) you're thinking of a meridian diagram.

[RenDaHai]

it says; 释迦如来双迹灵相图, "diagram of shakyamuni tathagata's footprints". not just any person's feet would have dharma wheels on the soles and 卍 on the toes, among other symbols. :) you're thinking of a meridian diagram.

Cool! I can't read it, i was just guessing :)

[GeneChing]

I was looking forward to Shaolin instant noodles. Not sure about Shaolin coffee. Whatever happened to Shaolin tea?

Court rules against Shaolin Temple in trademark suit (http://english.people.com.cn/6966412.html)
16:15, April 28, 2010

The Intermediate People's Court of Beijing ruled that the China Songshan Shaolin Temple cannot use the "Shaolin Medicine" trademark for its products such as instant noodles on April 26, 2010.

Earlier, the Trademark Appeal Board under the State Administration for Industry and Commerce (SAIC) rejected the Shaolin Temple’s application for the "Shaolin Medicine" trademark for its products, including instant noodles and coffee, because the trademark is liable to mislead consumers to believe that such products have pharmaceutical effects. Afterwards, the Shaolin Temple filed a lawsuit against the trademark organ to the court.

In August 2004, the Shaolin Temple forwarded a trademark application to the Trademark Office under SAIC, seeking to register the "Shaolin Medicine" trademark for its franchised products such as instant noodles, coffee, take-out foods and tea. In September 2006, the trademark office rejected the application because the trademark would tend to mislead consumers if it were to be used on such products.

The Shaolin Temple did not accept the decision and filed a review application to the Trademark Appeal Board. The Shaolin Temple believes that the trademark it applied for has unique designs, so it is unlikely to mislead consumers into believing that the products have pharmaceutical effects.

However, the board said that the Shaolin Pharmacy under the English name of "Shaolin Medicine" once had over 100 secret prescriptions and offered diagnosis and treatment services to Shaolin Temple monks and ordinary people nearby, although it occasionally terminated its operations because of wars or turmoil. The "Shaolin Medicine" trademark is liable to cause consumers to consider it as a place where medicinal products or medical services are offered instead of as other types of trademarks, the board said.


Trademark application for ‘Shaolin Medicine’ rejected (http://china.globaltimes.cn/society/2010-04/526909.html)
* Source: Global Times
* [14:08 April 28 2010]

The application to use the trademark “Shaolin Medicine” on instant noodles, coffee and other food from the Shaolin Temple was rejected by Zhengzhou No. 1 Intermediate People’s Court in Henan Province on April 26.

In August 2004, the temple used the brand “Shaolin Medicine” to promote noodles, coffee, tea and other items. In September 2006, the Trademark Office was concerned that the trademark “Shaolin Medicine” could easily mislead consumers into thinking that the products were from a pharmacy, and may contain some medicinal ingredients, so the organization rejected the application for registration.

The temple then took the Trademark Office to court for rejecting the application.

A spokesman for the Shaolin Temple said that the design idea of the trademark “Shaolin Medicine” is unique and during the reexamination of the trademark, believed it would not easily mislead consumers to thinking the products have medicinal properties.

Neither the court nor a spokesman for the temple were immediately available for comment.

[kfson]

Shaolin Coffee?

How about Shaolin prime rib?

[GeneChing]

Curious to see an image of this Balabala Shaolin Kungfu clothing line...


Trending in China – Clothing Company Picks Fight With Shaolin Kung Fu Monastery (https://www.caixinglobal.com/2020-09-18/trending-in-china-clothing-company-picks-fight-with-shaolin-kung-fu-monastery-101606967.html)
Heather Mowbray / Sep 18, 2020 06:20 PM / Trending Stories

https://img.caixin.com/2020-09-18/1600424168220073.jpg

What’s trending?

The clothing company Semir, owner of China's leading children's clothing brand Balabala, was this month accused of IP theft in an open letter by Songshan Shaolin Temple, which took aim at its “Shaolin Kungfu” emblazoned items. Shaolin Temple said it was going public because it had been earlier rebuffed when it asked Semir to drop the clothing line, which launched in August.

Over the past 23 years, the Henan temple complex considered the birthplace of the Buddhist martial art of Shaolin boxing, has registered 666 trademarks, spearheaded by its controversial head monk, and criticized for commercialism by religious and cultural purists.

What’s the story?

Falling afoul of a litigious cultural body threatens to compound an already bad year for Semir. Affected by the pandemic lockdown, the Zhejiang-headquartered firm closed a tenth of its 7500 stores in the first half of 2020 and saw net profit drop 97% year-on-year to 21.6 million yuan.

Although many companies try to pair up with cultural sites such as the Forbidden City or Dunhuang Caves, the birthplace of kung fu has not taken kindly to “unsolicited collaborations.” The company was accused of not informing or obtaining authorization from Shaolin Temple when using the words “Shaolin Kungfu” in its “National Wave” leisure range.

This is not for want of commercial savvy on the part of a temple made famous for training Bruce Lee and Jackie Chan, and the use of Shaolin stunts in multiple films. The temple’s abbot, Shi Yongxin, dubbed “the CEO of Shaolin” and “the Buddhist Monk with an MBA,” has ushered in a global era for the martial art by acquiring land and property overseas.

One of Shaolin Temple’s trademarks is disputed by South Shaolin Temple in Fujian which registered the “South Shaolin” trademark in 2004. Songshan Shaolin Temple was also able to register “South Shaolin” a few years later, adding “North Shaolin”, “West Shaolin” and “East Shaolin” as extra brand buffers.

What are people saying online?

People responding to the tale on Weibo have accused Shaolin Temple of cybersquatting on Shaolin-related trademarks. The comment, “Shaolin Temple appears to have registered the trademark to prevent other companies from using it. Apart from the specialty walnut cake, there really aren’t any other products it can use to trap the money demon” received seven thousand likes.

Addressing the growing commercialism of cultural sites in China another commentator wrote, “Wake up friends who are filled with anger and outrage: The Qing palace is selling tickets for its exhibitions. In two days, it will celebrate its 600th anniversary.”

A comment further down the list praised Shaolin temple for getting serious about its brand reputation, saying “Disney has done a great job of protecting trademarks. Why can’t Shaolin Temple? People imitating Shaolin to sell medicine and food should be stopped…It is very difficult for China to produce a world-class brand, if brands can’t be protected.”

Shaolin trademark infringements are undoubtedly rife, with one social media user highlighting their use to sell alternative therapies. “Hurry up and deal with that ‘Shaolin thirteen moxibustion’ trademark issue: [Local station] Liaoning TV is advertising it every day.”

Contact editor Marcus Ryder (marcusryder@caixin.com)

[GeneChing]

09/21/2020, 15.48
Garment giant cannot use Shaolin Temple brand (http://asianews.it/news-en/Garment-giant-cannot-use-Shaolin-Temple-brand-51095.html)
For the Temple, it is a clear case of intellectual theft. The monastery is the birthplace of kung fu, made famous by Bruce Lee. Despite criticism, Abbot Shi Yongxin has turned the complex into a global enterprise. For the Semir Group, the charge comes on top of the COVID-19 pandemic.

http://www.asianews.it/files/img/size3/CINA_-_0921_-_Shaolin.jpg

Beijing (AsiaNews) – The Shaolin Buddhist temple has accused a Chinese garment giant of illegally exploiting its "Shaolin Kungfu" brand.

Since August, Semir Group has been using the label for a youth clothing line. For the Temple, this constitutes intellectual theft since the company has never requested authorisation from the monastery.

Located in Henan, the Temple is known as the birthplace in 495 AD of kung fu, the martial art made world famous by Bruce Lee and actors Jackie Chan and Jet Li.

Over the past 23 years, Abbot Shi Yongxin has turned the monastery into a global enterprise the Buddhist complex with 666 registered trademarks, earning him the sobriquet of the CEO monk of Shaolin.

Shi has invested the profits into real estate properties at home and abroad; however, this has led to criticism from purists.

In 2017, Henan authorities dismissed some of the charges against him. In addition to marketing a sacred place and leading an expensive lifestyle, a group of monks have accused Shi of extorting money from them in order to pay for his mistresses, with whom he has fathered a number of children.

Before the coronavirus pandemic, the temple attracted 1.5 million visitors a year. According to the China Business Journal, it earned US million in 2017 in proceeds.

The complex, which is a UNESCO World Heritage Site, has also earned money as a location for films, and from kung fu classes and performances that take place all over the world.

For Semir, the complaint from the Shaolin Temple represents a severe blow. Due to the pandemic, the Zhejiang-based company has had to close a tenth of its 7,500 stores.

In the past six months, it has also seen its profits fall by 97 per cent over the same period last year.

Here's the only image I've found so far:
https://encrypted-tbn0.gstatic.com/images?q=tbn%3AANd9GcQ2XwOQLl6Ihp78VjVk-7xq9SZ5VHwd4W03aQ&usqp=CAU

[GeneChing]

http://image5.sixthtone.com/image/5/30/835.jpg
News
Shaolin Temple’s Trademark Spree Spurs Copyright Debate (http://www.sixthtone.com/news/1006206/shaolin-temples-trademark-spree-spurs-copyright-debate)
The famed religious institution was discovered to have claimed ownership of hundreds of phrases.

Kenrick Davis
Sep 23, 2020 3-min read

Most people wouldn’t think twice about complying when told by the legendary kung fu fighting monks of China’s Songshan Shaolin Temple to get off their turf.

But despite warnings, domestic clothing brand Semir went ahead with a new clothing line — including hoodies emblazoned with “SHAOLIN KONG FU” — that infringed the ancient Buddhist institution’s intellectual property, the temple said in a statement Sept. 1. Semir said there had been a misunderstanding, and the offending items quickly vanished from online stores.

The short spat set off a weekslong debate in China about the religious institution’s use of copyright and the sorry state of the country’s IP protection system, whose rules are open to abuse and have been the source of many legal quagmires.

Though many social media users supported the temple, others argued that engaging in such worldly, commercial copyright battles was unbecoming of a Buddhist organization. Still others, meanwhile, said Shaolin kung fu should be considered part of China’s national heritage and the property of all Chinese people.

http://image5.sixthtone.com/image/5/30/840.jpg
A screenshot showing Semir’s Shaolin Temple-branded clothing products. From Weibo

The issue gained further momentum Thursday after Sixth Tone’s sister publication The Paper reported that the temple had registered a total of 666 trademarks under all kinds of product categories since 1997 — a large though not unheard-of amount.

The Paper’s surprising discovery led to numerous commentaries about the unfortunate necessity of aggressive corporate trademarking. In China, trademark ownership is decided on a “first-to-register” basis, as opposed to a “first-to-use” basis as in the West. Moreover, foreign trademarks aren’t recognized in the country. In the past, many local and international brands — including the Jordan sports label, electric car company Tesla, and footwear brand New Balance — have undergone lengthy legal battles to secure copyrights.

Brands in China must therefore trademark early and widely to protect themselves from so-called trademark squatters, who register with the malicious intent of suing original brand creators or selling successfully speculated brand names back at exorbitant prices.

Workers’ Daily newspaper, owned by China’s official labor union, listed many peculiar examples. Tech giant Alibaba — which in Chinese sounds a bit like “Ali-Daddy” — has trademarked a whole family of names, including “Ali-Dad,” “Ali-Mom,” and “Ali-Uncle.”

Shaolin Temple, Workers’ Daily explained, started registering trademarks in 1997 after other brands had begun trademarking its name and several “fake” Shaolin Temples were created abroad. Being a religious organization, it had to create a separate business entity to file the trademarks.

The Paper’s findings suggested, however, that Songshan Shaolin Temple might have gone slightly overboard. In the 2000s, the temple, located in central China’s Henan province, had registered the terms “South Shaolin,” “North Shaolin,” “East Shaolin,” and “West Shaolin.” To some legal experts, this smacked of trademark squatting, given that a real “South Shaolin Temple” exists in eastern Fujian province.

While Songshan Shaolin hasn’t directly responded to the accusations, it has justified its registration of trademarks as a way of defending the Shaolin brand from misuse — giving “Shaolin Secret Medicine,” an unaffiliated product, as a real example.

Asked about copyright use by The Paper, the head of Fujian’s South Shaolin Temple, Shi Guangzhi, explained that his temple had similarly registered trademarks since 1996 to protect them from brands that might bring harm to their religion’s image.

When questioned about Songshan Shaolin Temple claiming his temple’s copyright, he said both temples had the same roots and gave a suitably Zen reply: “One should approach this with a merciful heart. Everything we do is for the Buddha and the development of Buddhism.”

Editor: Kevin Schoenmakers.

(Header image: Monks perform a choreographed martial arts routine during the 10th International Shaolin Wushu Festival in Zhengzhou, Henan province, Oct. 17, 2014, People Visual)

Wonder if they'll come for this:
https://ih1.redbubble.net/image.92573942.8679/ssrco,slim_fit_t_shirt,two_model,101010:01c5ca27c6 ,front,square_three_quarter,1000x1000.jpg

[GeneChing]

We don't really have a Shaolin Fashion thread that I could find, so I'm hijacking the old What-You-Wear (http://www.kungfumagazine.com/forum/showthread.php?8158-What-You-Wear) and copying it to our Shaolin-Trademark (http://www.kungfumagazine.com/forum/showthread.php?16438-Shaolin-Trademark) because that has had recent activity.



Xtep and the Shaolin Honor Tradition and Technical Expertise with New Collab (https://hypebeast.com/2020/9/xtep-the-shaolin-collaboration-collection-release)
Inspired by the famed Shaolin style of Kung Fu.
Fashion
13 Mins ago
Presented by Xtep

https://image-cdn.hypb.st/https%3A%2F%2Fhypebeast.com%2Fimage%2F2020%2F09%2F xtep-the-shaolin-collaboration-collection-release-1.jpg?q=80&w=1000&cbr=1&fit=maxhttps://image-cdn.hypb.st/https%3A%2F%2Fhypebeast.com%2Fimage%2F2020%2F09%2F xtep-the-shaolin-collaboration-collection-release-01.jpg?q=80&w=1000&cbr=1&fit=max

Sneaker and sports apparel brand Xtep has partnered with The Shaolin, a monastery known for its ancient style of Kung Fu that combines intense mental and physical training, for an unexpected crossover. The collaborative collection is inspired by the sport, creating a lifestyle offering that honors its tradition while ushering the Buddhist icon into a new era.

The Shaolin x Xtep capsule originally debuted during a show at the Shaolin Monastery in the Chinese province of Henan, marking the first event of its kind at the UNESCO World Heritage Site. The collection makes obvious draws from traditional garments and gives them a modern edge courtesy of Xtep’s expertise in technical and sports-focused gear. The result is a series of unisex windbreakers, T-shirts, outerwear and fleece sets that combine ages old silhouettes with a contemporary leaning. Driving home its relevance in present day fashion, the collection was shot against the backdrop of New York to show off its global appeal.

https://image-cdn.hypb.st/https%3A%2F%2Fhypebeast.com%2Fimage%2F2020%2F09%2F xtep-the-shaolin-collaboration-collection-release-0.jpg?q=80&w=1640&cbr=1&fit=max
Check out the Shaolin x Xtep collection in the images above and head to Xtep’s website (https://en.xtep.com/Index.aspx) to shop the range.