Motor Authority - blog Tag: Trademark

China's car industry is infamous for its tendency to 'borrow' details from European carmakers, often to the point where the word 'clone' is used with some accuracy. The latest car to catch legal heat for the practice: Geely's GE, a remarkably obvious take on the Rolls Royce Phantom.

But Geely doesn't see the similarity that's got Rolls Royce considering legal action. Geely spokeswoman Zhang Xiaoshu told the AFP, "they are actually different.... people may feel they are the same at the first glance, but the details are certainly different."

Playing fast and loose with concepts like 'different' and 'copying' is a luxury of doing business in... China's car industry is infamous for its tendency to 'borrow' details from European carmakers, often to the point where the word 'clone' is used with some accuracy. The latest car to catch legal heat for the practice: Geely's GE, a remarkably obvious take on the Rolls Royce Phantom. But Geely doesn't see the similarity that's got Rolls Royce considering legal action. Geely spokeswoman Zhang Xiaoshu told the AFP, "they are actually different.... people may feel they are the same at the first glance, but the details are certainly different." Playing fast and loose with concepts like 'different' and 'copying' is a luxury of doing business in China, where the government is notoriously permissive of such infringements. Unfortunately for Geely and other China-based carmakers, however, their progress into other markets will be heavily impeded by legal action in the trademark and copyright-protective jurisdictions of Europe and the U.S. if they continue these antics. Rolls Royce understands that due to the huge price and quality disparity between the Phantom ($365,000) and the GE ($44,000), there is likely to be very little in the way of confusion or competition between the two, but it is nonetheless keeping its options open. "Our colleagues in Shanghai are taking a serious look at it," a Rolls Royce spokesman told the UK's Daily Mail. "Rolls-Royce Motor Cars is very protective of its brand image and takes seriously any attempt to imitate its products." To get more familiar with the infringing limo, check out our story on the car here. Come to think of it, with that oddball throne arrangement in the back seat, maybe Geely really does have something behind that 'different' argument.Geely GE Limousine Read More

A whole range of 100-year celebrations have been going on in the automotive industry as the giants that started this four-wheeled industry reach their century marks. Today Mercedes Benz celebrates the 100th birthday of its iconic three-pointed star and Benz emblems with the release of a special-edition CL 500 coupe.

The car gets a unique metallic graphite paint finish from Mercedes' 'designo' custom collection, an AMG sports package, top-grade, partly hand-stitched aniline leather, piano black lacquer trim elements and examples of the trademarks set into the center console. Power comes from the same 388hp (285kW) V8 found in other CL 500 ... A whole range of 100-year celebrations have been going on in the automotive industry as the giants that started this four-wheeled industry reach their century marks. Today Mercedes Benz celebrates the 100th birthday of its iconic three-pointed star and Benz emblems with the release of a special-edition CL 500 coupe. The car gets a unique metallic graphite paint finish from Mercedes' 'designo' custom collection, an AMG sports package, top-grade, partly hand-stitched aniline leather, piano black lacquer trim elements and examples of the trademarks set into the center console. Power comes from the same 388hp (285kW) V8 found in other CL 500 coupes. The AMG package includes a set of front, side and rear fascia treatments plus sport pedals and painted brake calipers. Special 20in split-spoke wheels in titanium grey - unique to the CL 500 Trademark Centenary edition - are shod with 255/35 rubber up front and 275/35 treads out back. The 100th birthday of the Mercedes star is actually yet to come, however - it was first registered in June 24, 1909 by Daimler-Motoren-Gesellschaft. Just over a month later, on August 6, 1909, August Benz & Cie. registered the 'Benz' mark ensconced in a laurel wreath. The two marks didn't join forces until a year before the merger of Daimler and Benz, which took place in 1926.Mercedes Benz CL 500 Trademark Centenary Read More

Europe's Office for Harmonization of the Internal Market (OHIM) maintains a trademark database that helps to ensure a minimum of conflict and easy filing for claims. That same database also lets slip basic sketches of car designs before their official unveiling on a regular basis, and this time the Nissan 370Z Roadster gets its unofficial debut.

Though the simple line drawings reveal nothing in terms of materials, the key details of profile, function and outline are all present. The last-generation 350Z Roadster was often criticized for its top-up looks, with a soft top that looked like a complete after-thought, ruining the good lines and... Europe's Office for Harmonization of the Internal Market (OHIM) maintains a trademark database that helps to ensure a minimum of conflict and easy filing for claims. That same database also lets slip basic sketches of car designs before their official unveiling on a regular basis, and this time the Nissan 370Z Roadster gets its unofficial debut. Though the simple line drawings reveal nothing in terms of materials, the key details of profile, function and outline are all present. The last-generation 350Z Roadster was often criticized for its top-up looks, with a soft top that looked like a complete after-thought, ruining the good lines and meaty proportions of the car. This time around, the Roadster appears to have been designed as such, and though none of the examples give the car's profile in top-down mode, it looks remarkably more svelte and thought out than its predecessor. The odd rear decklid proportions appear to be gone, replaced instead by a much curvier, more coupe-like roof line with the top up. The illustrations also seem to indicate the car will have ground clearance in the neighborhood of 8in, however, so take the illustrations with a grain of salt. Nevertheless, they are officially sourced images and can be expected to at least foreshadow what will come when the Roadster is officially unveiled. For details on the expected performance and pricing of the new Z Roadster, check out our own preview story and image here.2009 Nissan 370Z Coupe2010 Nissan 370Z Roadster previewNissan 370Z Roadster OHMI Sketches Read More

For more than a year now, Mercedes' parent company Daimler has pursued a copyright infringement case against Chinese carmaker Shuanghuan for its Bubble, a blatant knock-off of the Smart ForTwo minicar. A recent holding in a Milanese court has put the German company on the back foot, however, and reports now indicate it is considering settlement to avoid paying huge sums in damages.

The doubt that has crept into Daimler's outlook on the matter comes courtesy of an Italian court's holding on a similar case between BMW and Shuanghuan on the distribution of the CEO, an SUV that bears a striking resemblance to the first-gen BMW X5, essentially... For more than a year now, Mercedes' parent company Daimler has pursued a copyright infringement case against Chinese carmaker Shuanghuan for its Bubble, a blatant knock-off of the Smart ForTwo minicar. A recent holding in a Milanese court has put the German company on the back foot, however, and reports now indicate it is considering settlement to avoid paying huge sums in damages. The doubt that has crept into Daimler's outlook on the matter comes courtesy of an Italian court's holding on a similar case between BMW and Shuanghuan on the distribution of the CEO, an SUV that bears a striking resemblance to the first-gen BMW X5, essentially allowing Shuanghuan to sell the cars with impunity, and potentially opening BMW to liability for lost sales due to the lawsuit. The CEO/X5 lawsuit garnered global attention when it broke in 2007, in part because of Shuanghuan's open stance on the matter, essentially saying that copy cars are legal. "Noble and CEO cars, approved by the Chinese government, are legal products," said a company spokesperson. A Munich court even banned the CEO entirely. In December, 2007, Shuanghuan flouted the ongoing injunction against the Bubble in Italy by displaying the car at the Bologna Motor Show. At the time, things looked bleak for Shuanghuan and the move was viewed as a stunt. In retrospect, it may have been a shrewd business move. Daimler's ForTwo/Bubble suit is before a court in Milan, the same city where the CEO/X5 lawsuit was decided, and so it has been forced to reconsider the strength of its position. What had initially appeared to be a clear-cut case of copyright infringement has now turned about and become a clear loser. The Milan court's ruling in the case of the Shuanghuan CEO held that it would be impossible for consumers to mistake the Chinese clones for BMW products, reports Automotive News Europe, and that the significant price difference prohibited any real damage to BMW's copyright or trademark, despite the obvious similarity in design. Read More

Speculation that the Lexus LF-A supercar project had been axed several months ago was refuted to some degree by ongoing testing of the car at the Nurburgring. Now a filing with the U.S. Patent and Trademark Office has breathed new life into the car's possible production, though the company still hasn''t officially confirmed the car.

The trademark filing, first dug up by AutoSpies, was made December 1, 2008. While information contained in the official document is understandably sparse, the name is registered for use as the name of 'automobiles and structural parts thereof'. Also of note is the absence of the hyphen previously found in the... Speculation that the Lexus LF-A supercar project had been axed several months ago was refuted to some degree by ongoing testing of the car at the Nurburgring. Now a filing with the U.S. Patent and Trademark Office has breathed new life into the car's possible production, though the company still hasn''t officially confirmed the car. The trademark filing, first dug up by AutoSpies, was made December 1, 2008. While information contained in the official document is understandably sparse, the name is registered for use as the name of 'automobiles and structural parts thereof'. Also of note is the absence of the hyphen previously found in the car's name, changing the name from LF-A to LFA. Test versions of the car spotted in testing are believed to house a 5.0L V10 engine rated at 500hp (373kW). A company executive speaking earlier this year revealed that the car's price, if it did head to production, would "begin with a two." That puts the LFA in league with the Ferrari F430, Lamborghini Gallardo and similar exotics. A roadster version could also be in the works, previewed by a concept version at the 2008 Detroit Auto Show.Lexus LF-A Roadster ConceptLexus LF-A spy shots September 2008 Read More

A number of Ford-brand enthusiast sites today revealed that at least one other site, TheRangerStation, has received a letter from a law firm claiming to represent the Blue Oval, demanding that they relinquish any domain names with Ford brands in them, as well as turn over for destruction all merchandise with Ford logos, in addition to demanding $5,000 for trademark infringement. New updates on the issue from Ford reveal that the root cause of the matter is the alleged sale of counterfeit Ford goods, including a range of decals and logos using Ford trademarks.

Speaking with MotorAuthority Ford's head of digital media and communications,... A number of Ford-brand enthusiast sites today revealed that at least one other site, TheRangerStation, has received a letter from a law firm claiming to represent the Blue Oval, demanding that they relinquish any domain names with Ford brands in them, as well as turn over for destruction all merchandise with Ford logos, in addition to demanding $5,000 for trademark infringement. New updates on the issue from Ford reveal that the root cause of the matter is the alleged sale of counterfeit Ford goods, including a range of decals and logos using Ford trademarks. Speaking with MotorAuthority Ford's head of digital media and communications, Scott Monty, said, "They were offering items for sale on their site, Ford-branded material that was not authorized by Ford." Monty also expressed a personal opinion that the sites' domain names should not be affected by the sale of counterfeit items. The site accused of selling the counterfeit goods has not yet responded on these grounds. The law firm representing Ford in the matter, Howard Phillips & Andersen, has sent a statement to MustangEvolution, a Ford enthusiast site tracking the development of the story. "Ford is not trying to shut down the entire website, just stop the counterfeiting of its trademarks. If the Ranger Station wants a license it needs to seek one from Ford. But I don’t think Ford will license some of the images, particularly the naked woman straddling the Ford Blue Oval," wrote attorney Gregory D. Phillips. Though it hasn't yet been spelled out by Ford's legal department, the issue doesn't seem to lie with the fans' use of the Ford logo, but with the sale of goods bearing that logo, i.e. using Ford's trademark for commercial purposes. A side-effect of the rapid spread of the news of Ford's legal action against the site is that many other fan sites are worried they could be next - though absent sale of counterfeit goods, the worry is baseless. "This is the last thing we want people to do...these are our fans, these are people that show us good will and are loyal to us and that would probably fall over themselves to buy a Ford product," said Monty. "They're the last people we want to alienate." Going after people that choose to support the brand and provide a place for others who share the desire to do so, usually out of pocket or nearly so, despite small merchandising efforts, does seem to miss the mark in protecting the company's interests - so much so that there had to be more to the story. This is a fact that Ford, and in particular Monty, realize all too well. "This is the last PR headache we need right now," he said. Read More