German Car Zone

Just_me · 03-19-2007, 04:53 AM

TORONTO (CP) - BMW has prevailed over Infiniti in a court battle over the letter M.

The ruling by Federal Court Justice W. Andrew MacKay found that the use of the letter by Infiniti, the premium Laughing Laughing Laughing brand of Japanese carmaker Nissan or Datsun, "in form similar to that of the plaintiffs' trademark M alone, and its use of M6 as a package for modifying one of its vehicles, cause confusion in Canada between the sources of the wares of the defendant and the wares of the plaintiffs."

BMW has been adding M badges to souped-up versions of its already high-performance cars since 1978 in Germany and 1987 in Canada, when the M6 arrived, followed by the M3, the M5 and other variants.

The German carmaker (and the world's greatest carmket) argued that these vehicles have come to be known, "particularly by auto journalists and car enthusiasts," as M cars which enhance the image and sales of the rest of its fleet.

Infiniti, meanwhile copied their competiors by registering M45 in 2004 and M35 in 2005 as trademarks for sedans in the middle of its range, and in some advertising has used the letter M alone. It also offered an M6 sport package for its lower-priced G35.

The judge found Datsun/Nissan "liable, in damages to be determined . . . for the use of the letter M and the descriptor M6, as trademarks for automobiles, parts and accessories, which caused a likelihood of confusion between the sources of its wares and of BMW's."

Datsun or Nissan for those of you in Rio Linda was barred from directing public attention to its products in any way likely to cause confusion.

"The defendant is also ordered to deliver to the plaintiffs or to destroy under oath, all literature, invoices, packaging, signs, advertisements, promotional or marketing material, printed or otherwise recorded, in the possession, custody or control of the defendant which may be considered to offend the injunction now granted."

Officals from BMW stated that, "This is nothing new, the Japanese steal everything from the Americans and Europeans, now its names of products, typical."

Submissions will be considered later on monetary damages and legal costs.

cawimmer430 · 03-19-2007, 05:53 AM

I always wondered why Infiniti was even allowed to create an M35 and M45 when it could confuse some people into thinking that BMW was making a "smaller M 5-Series"...

klier · 03-19-2007, 08:18 AM

Quote:

Originally Posted by cawimmer430

I always wondered why Infiniti was even allowed to create an M35 and M45 when it could confuse some people into thinking that BMW was making a "smaller M 5-Series"...

MB has had the same problem with BMW over the 'M' letter I believe; when MB launched the first ML, they called it 'M klasse' I believe. BMW went to court and won. MB had to put the L behind ML

Alx · 03-20-2007, 03:37 PM

Today's tale of litigation between automakers is brought to you by the letter M, which both BMW and Infiniti are claiming rights to use in a Canadian court. Unfortunately for Infiniti, BMW has been using the letter M to designate its many performance variants since 1978 in Germany and 1987 in Canada. Infiniti, however, only registered the names M45 in 2004 and M35 in 2005. As such, Infiniti has lost the battle over M, at least in Canada.

The silly thing is that Infiniti could have avoided being sued by BMW if it had steered clear of using the letter M alone in advertisements. It also produced a model of the G35 coupe it called the M6, which obviously steps on the toes of BMW's own high-end M6 coupe. Had Infiniti gone on just using the M45 and M35 monikers alone, it would likely not be liable for damages in a Canadian court right now. The amount of damages that Infiniti must pay BMW has yet to be determined, but in the meantime it has to "deliver to the plaintiffs [BMW] or to destroy under oath, all literature, invoices, packaging, signs, advertisements, promotional or marketing material, printed or otherwise recorded, in the possession, custody or control of the defendant."

Just_me · 03-20-2007, 03:51 PM

Sorry Alex already posted by me. Merging thread

Alx · 03-20-2007, 06:21 PM

No prob dude.... Its all good.... didnt see the thread...

dr Dunkel · 03-21-2007, 03:39 AM

Quote:

Originally Posted by Just_me

Officals from BMW stated that, "This is nothing new, the Japanese steal everything from the Americans and Europeans, now its names of products, typical."

This is not an unusual opinion of other than people who like Asian cars. But as an official statement from an automaker? Harsch.

Just_me · 03-21-2007, 03:41 AM

Quote:

Originally Posted by dr Dunkel

This is not an unusual opinion of other than people who like Asian cars. But as an official statement from an automaker? Harsch.

you know about Aftonbladet?

lot of garbage there and everything you read isnt true. So how do we know BMW people really said this?

dr Dunkel · 03-21-2007, 04:01 AM

Quote:

Originally Posted by Just_me

you know about Aftonbladet?

lot of garbage there and everything you read isnt true. So how do we know BMW people really said this?

Well, in a sence we know it is true - just not sure if BMW said it

As I have said before, the reason why some people always greets a new german car model with praise like "is looks lika an Asian car", "typical Asian design" or "the front end looks like from a Toyota". Feels like Asian car makers has been a little to inspired by their german friends for so long that some people actually think the desing is Asian when a new German car is first shown.

bmwf1360 · 03-25-2007, 12:47 AM

WOW! i totally forgot about that. i didn't even know they followed through with it, I'm glad they won.

Did BMW win any money or anything?

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German Car Zone

BMW beats Infiniti in battle over M