http://foxsports.news.com.au/story/0,8659,6495266-23769,00.html CHINESE basketball star Yao Ming has filed a lawsuit against Coca-Cola for unlawfully using his image and is demanding a public apology and one yuan (20 cents) in compensation. Yao's management agency said in a statement on the Houston Rockets centre's website today that "the core of the lawsuit is to protect Yao's legal rights, while the amount of compensation is less important". "The unauthorised use of Yao's image has already harmed his reputation," it added. The indictment was filed in a Shanghai court on Friday. On May 15, Yao released a statement claiming that the Coca-Cola Company was using his image without permission and demanded it be removed from their products. The spat stems from just released commemorative Coke bottles in China which feature a photo of Yao and fellow Chinese national team stars Mengke Bateer and Guo Shiqiang wearing their national team shirts. "I have never permitted Coca-Cola to use my image to promote their products," Yao said in the statement carried by Xinhua news agency. "I require Coca-Cola to withdraw immediately all the products bearing my image and all promotion materials which use my names or images." The news comes after Yao signed a multi-year deal earlier this month to become PepsiCo's image frontman, making him the first Chinese athlete to secure a major worldwide marketing deal. "We will respect the court's judgement procedures and final result. The lawsuit won't have any impact on Yao's training and matches," said Team Yao, his management agency. Coke told the Shanghai Daily Monday it had yet to receive any notice of the suit, but pointed out that the image they used was of the national team, not just Yao. As a co-sponsor of the Chinese team, Coke is authorised to use images of the squad as long as they contain pictures of at least three team members. Yao, the first pick in last year's National Basketball Association (NBA) draft, is now in Shanghai after his rookie season in the US league. The rising NBA star, who has already pocketed millions of dollars from endorsement deals with Visa, Apple Computer and China Unicom, is joining his national team for the Asian championships in China's northeastern city of Harbin this summer. Agence France-Presse
Since money isn't the problem here,Yao should sue Coca-Cola for more(a lot more!) and donate it to charity(he seems like a giver guy),or at least his SARS charity compagne. ALA
I bet Yao could care less. Its probably "Team Yao" thats doing the suing. and you know they would be suing for 20 million.. if they really thought they had a case.
I think that "Team Yao" did a good move. Yao's fan in China will feel that Coke took adventage of Yao even if Yao does not win the suing. It will likely push Coke to use other Chinese team members' image. (which is probably what Pepsi wants)
i think yao didnt really care about money. i think he sued coke for using his image without his permission. he needs to take care of his image now that all of the eyes in the world are lookin at his every step.
Coke ad without Yao? Not likely... _ In the following Coke rep statements, "When the members are wearing the national team jerseys, they are not representing themselves, they are representing the team" suggest that the only reason they are putting out commemorative Coke ads with the "team" picture is because it's the "team" is not true. If this was true, then lets see Coke put out ads with just the China team members, without Yao. Face it. They are using "team pictures" as a excuse to show Yao.
I bet if Francis or Mobley were suing some company you guys would be bashing him quite heavily. But you guys all know Yao is a great guy.
FYI Yao deadline gets cola giants talking. South China Morning Post - 05/23/2003 The star remains silent as Pepsi and Coke negotiate the rights to his image Pepsi-Cola and Coca-Cola were yesterday locked in negotiations to solve a dispute over using the image of Chinese basketball star Yao Ming, as a deadline he set to remove "illegal" bottles passed, industry sources said. On May 15, Yao's special representative set a deadline of yesterday for Coca-Cola to remove from the market plastic bottles bearing an image of him throwing a basketball, in the red and white uniform of the national team, with a team-mate on either side, Bateer and Guo Shiqiang. Yao, who plays for the Houston Rockets in the American NBA, issued a public statement demanding the recall of the bottles, saying that he had signed a contract with Pepsi-Cola and protesting strongly at the sales. Supermarkets in Shanghai yesterday were still selling the bottles, in defiance of the deadline. But shop managers said that since last week's protest new bottles sent by Coca-Cola did not bear the controversial image. "We are selling off the previous shipment but the new ones do not have the face," one said. "So far we have not received any Pepsi bottles with Yao on them." One sports executive said that the two sides were in talks to settle the dispute. "The legal situation is ambiguous. Both want to avoid a public dispute, which would tarnish the good, clean image which Yao projects. While he plays in the US, Yao is careful to retain good relations with the Chinese basketball association." Yao's lawyer, special representative and Coca-Cola yesterday declined comment. In March, Coca-Cola signed a three-year deal with a state-owned firm in Beijing, China Sports Management Co (CSMC), which is the commercial representative of the national men's basketball team. The deal designated Coca-Cola the sole firm in the carbonated drinks sector that could use team images in advertising, printed material, at match sites and on tickets. Its position is the three players on the Coke bottle represent the Chinese team and that there were no rules and regulations limiting agreements between CSMC, as its commercial representative, and outside companies. Last weekend, Coca-Cola issued a statement saying that it did not wish to see any member of the national team unhappy and that it was ready for talks with the CSMC, the basketball team, Yao and his representatives "to clarify the sponsorship rights that have been given to our company". Yao has strong support from specialist opinion. Du Yaoping, who heads his own law firm in Shanghai, said that CSMC could not simply issue an order awarding itself the ownership of Yao's image without his permission. "His protest is reasonable and legal. This dispute does not show the weakness in the law but in the management system. "Everyone must deal with this in a legal way in a case that could have far-reaching consequences," he said. (Copyright (c) 2003, Dow Jones & Company, Inc.)
If you examine the Coke bottle carefully, Yao's image is not shown as part of the team photo but as a separate picture attached between the other two indiviuals' pictures. Obviously what Coke used is a cut-and-paste technique.
