Yao Sues Over Picture on Coke Bottles

Yahoo! News ^ | May 26, 2003 | AUDRA ANG

[El Conservador]

BEIJING - Basketball star Yao Ming is suing Coca-Cola's Chinese subsidiary in an effort to stop it from using his picture on commemorative bottles sold in his hometown of Shanghai.

According to Yao's Web site, he's seeking compensation of only 1 yuan (12 cents) for "spiritual and economic losses" and also wants Coca-Cola China to apologize in the Chinese media.

The lawsuit was filed Friday in Shanghai, where a court will decide this week whether to accept it, the Houston center's agent, Erik Zhang, said Monday.

"The only purpose of this lawsuit is to protect Yao Ming's legal rights, his rights of image and name in particular," the Web site said. "The amount of compensation is not a focus."

Yao, who has an endorsement deal with soft-drink rival Pepsi, complained two weeks ago about Coke using his image and threatened possible legal action.

Coca-Cola China hasn't received court papers, but has asked to talk to Yao's representatives in hopes of settling the dispute "in an amicable way," spokeswoman Brenda Lee said.

The bottles show Yao, San Antonio player Menk Bateer and Chinese player Guo Shiqiang in Chinese national team uniforms. Yao, the No. 1 draft pick in the NBA last year, and Bateer played for China last year in the Asian Games.

Coke says it has the right to show groups of at least three members of the Chinese national team under a sponsorship agreement.

"When the members are wearing the national team jerseys, they are not representing themselves, they are representing the team," Lee said from Shanghai. "We just acted according to the legal right granted to us."

The commemorative Coke bottles are part of a marketing campaign that will feature other members of China's national team in later designs, Lee said.

[El Conservador]

All your Coke are belong to us

[Larry Lucido]

Yo!

No, Yao.

[RichInOC]

Yao: Yo!
Coke Lawyer: Yao!
Yao: Yo!
Coke Lawyer: Yao!
Yao: Yo!
Coke Lawyer: Yao!

[RichInOC]

Yao: Yo!
Yao's Lawyer: Yo!
Coke Lawyer: Yao!
Yao's Lawyer: Yo!
Coke Lawyer: Yao!
Yao's Lawyer: Yo!
Coke Lawyer: Yao!

[Old Professer]

Hell hath no fury like an acromegalic gone mad.

[Mister Baredog]

According to Yao's Web site, he's seeking compensation of only 1 yuan (12 cents) for "spiritual and economic losses" and also wants Coca-Cola China to apologize in the Chinese media.

I hope that's per can! Otherwise I double 12 cents will cover his legal fees!(I don't think it is, it must be symbolic not adversarial)

Meanwhile it is encouraging to see China advancing like this. Lawsuits must be a pretty new phenomenon to the Chinese. Welcome to our nightmare.

[Sonny M]

If he's seeking only 12 cents total (that can't be right), then I guess to him the principle is really more important then the money, though, I think this is just a prelude so he can get himself his own soda endorsement and this hurts him commerically.

[Harmless Teddy Bear]

I hope that's per can! Otherwise I double 12 cents will cover his legal fees!(I don't think it is, it must be symbolic not adversarial)

Symbolic only. This is the proverbal "warning shot accross the bow". He is making a point here as nicely as he can.

The next time someone pulls this I would imagine that the compensation amount will go up about a billon percent.

[krb]

When someone uses your image without your approval, you *have* to go after them legally. If you let even one usage slide, then you are setting a precedent where someone in the future can use it for free, claiming you already put it in the public domain.

[Mister Baredog]

When someone uses your image without your approval, you *have* to go after them legally. If you let even one usage slide, then you are setting a precedent where someone in the future can use it for free, claiming you already put it in the public domain.

China has come a long way, until recently the state owned all images, individuality was frowned upon(or worse). It's refreshing to see they have lawyers, of course if the govt arrests you it's probably curtains, no lawyer will be able to help if the govt isn't interested in helping.

[Guillermo]

Read the article...he already has a deal w/ Pepsi.

[Sonny M]

I didn't see that part, thanks.

[Flyer]

Yao Ming is suing

He is a fast learner. We will make an American out him very quickly.

[Tall_Texan]

Can I right a Czech?

[weegee]

As a Chinese citizen, wouldn't that Coke lawsuit settlement money go to the Chinese government and not Yao's pocket?

I don't understand the big endorsement payouts or basketball contract offers. Isn't he still a citizen of communist China?

[Enemy Of The State]

I think this shows a considerable amount of class on his part. Had this been one of our NBA players, they would have sued for millions of dollars.

[cynicalman]

Yao: Yo! Yao's Lawyer: Yo!

The original is one of the best commercials on TV

YO

GI

[Sonny M]

He is still a citizen of china (and yea, he is a communist too, has no intention of ever defecting, loyal to the core), but the agreement he has, is that they get huge percentages of everything he does, and they have some kind of controls over him for certain purposes.