He is suing the company for unauthorized use of his image and name to promote its products.

The indictment was filed in a Shanghai court but the location and level were not known last night. The lawsuit requires Coca-Cola to stop using Yao's image and name in its advertising.

The company is being asked to admit that it infringed Yao's legal rights and to make a public apology in the national media as well as pay 1 yuan (12 US cents) in compensation for the trauma and economic losses suffered by Yao.

The filing of the lawsuit came one week after Yao's public protest on May 15 against the United States-based company.

Yao - the so-called image spokesman of Pepsi, Coca-Cola's long-time rival - found his own image prominently displayed on the packaging of several products made by the Coca Cola Co (China) and sold in Shanghai. Yao appears along with the smaller figures of two other Chinese national players, Menk Bateer and Guo Shiqiang, all three wearing the national team uniform.

Yao said that he had never authorized Coca-Cola to use his individual image and name for advertising and he threatened to take action to protect his own rights and interests if the company failed to correct its "wrongdoing" by Thursday last week.

Playing for the Houston Rockets, Yao established himself in the US National Basketball Association. He has capitalized on his commercial worth by clinching a number of high-earning endorsement deals with reputed multinationals such Apple Computer, Nike, Pepsi and Visa.

Erik Zhang, a member of Yao's management team, said: "We are not fighting this for money."

Yao's move is intended to help curb such "illegal and inappropriate" practice, said Zhang.

Jiang Hao, external affairs officer of the Coca-Cola Co (China), said: "We'd like to clarify the facts and settle the dispute through such legal channels, although we have not received any summons yet.

"Our grounds in this case are not only lawful but also fair and reasonable," he said.

The drinks giant stressed its support for Chinese basketball and insisted that it has authorization from the China Sports Management Group, the marketing agent for the Chinese basketball team.

Under its deal with the group, Coca-Cola was designated as the sole firm in the carbonated-drinks sector that could use team images in its advertising.

(China Daily May 26, 2003)