Home > Off Topic > Land Rover Trademarks |
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Supacat Member Since: 16 Oct 2012 Location: West Yorkshire Posts: 11018 |
"Jaguar Land Rover has lost a legal battle to trademark the shape of its Defender 4x4 – clearing the way for billionaire Sir Jim Ratcliffe to build his “spiritual successor” to the famed off-roader.
A High Court judge dismissed an appeal by JLR after the UK Intellectual Property Office (IPO) refused to issue a trademark for the model. The decision allows chemicals tycoon Sir Jim to forge ahead with his own version of the original Defender as he seeks to plug a gap in the market left when JLR halted production in 2016. JLR has been trying to trademark the Defender shape for four years. But the IPO said it lacked “distinctiveness”, a verdict backed by judge Melissa Clarke. The ruling removes a potential hurdle for Sir Jim's firm Ineos, which last month unveiled its design for the “Grenadier”, describing it as a rugged and uncompromising off-roader." "Ineos, which opposed JLR’s trademark applications, said: "The High Court has confirmed that the shape of the Defender does not serve as a badge of origin for JLR’s goods and therefore lacks the necessary distinctiveness to be a trade mark for car.” JLR said that the Defender “is an iconic vehicle which is part of Land Rover’s past, present and future. Its unique shape is instantly recognisable and signifies the Land Rover brand around the world, with the classic shape being trademarked in many key markets”. A spokesman added that the company was disappointed by the judgment but respects the decision of the court. The firm did not rule out a further appeal. A spokesman said: “We will take whatever decisions we think are needed to protect our design.” https://flipboard.com/article/https%3A%2F%...-design%2F So perhaps not over yet...watch this space. IPO - High Court Appeal Judgement dated 3rd August 2020 https://www.defender2.net/gallery/albums/u...202020.pdf |
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4th Aug 2020 6:06am |
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Grenadier Member Since: 23 Jul 2014 Location: The foot of Mont Blanc... Posts: 5804 |
I think it's harsh to say it doesn't lack 'distinctiveness' as to most car fans or certainly fans of 4x4s it is absolutely distinct from a G-Wagen or Land Cruiser. I wonder how much interest either the team at the IPO or the judge have in cars. I'd suggest the more interest you have across the automtove world, the more distinct the shape would become. But I also wonder if the outcome would be different if JLR were still producing the pre-2016 Defender and INEOS was seen to be treading on their design toes. But by stopping production overnight and releasing an all new, and distinctly different model, and publicising it as the second coming, it's almost like a public announcement that you are discarding the old shape, which can't have done them any favours. Finally, they won't have been helped by the fact the modern cars, across model ranges and brands, are looking more and more amorphous. But if they don't win the appeal, it will be interesting to know if that will finally put to bed any talk of the new JLR leadership releasing a retro or classic Defender in the future giving buyers a choice of the 2020 or the 'old' look. Can't see that happening especially as they will be years behind the Grenadier and will have likely lost most of those buyers to INEOS. Monsieur Le Grenadier
I've not been everywhere, but it's on my list..... 2011 Puma 110DC - Corris Grey |
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8th Aug 2020 8:52am |
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Tim in Scotland Member Since: 23 May 2007 Location: The Land that time forgot Posts: 3753 |
If in 5 years or so JLR were reintroduce a “Classic/iconic” shaped off-road vehicle that looked like a Grenadier would Ineos start legal proceedings against JLR for copying their design............ Pangea Green D250 90 HSE with Air Suspension, Off-road Pack, Towing Pack, Black Contrast roof , rear recovery eyes, Front bash plate, Classic flaps all round, extended wheel arch kit and a few bits from PowerfulUK Expel Clear Gloss PPF to come
2020 D240 1st Edition in Pangea Green with Acorn interior. Now gone - old faithful, no mechanical issues whatsoever ever but the leaks and rattles all over the place won’t be missed! |
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8th Aug 2020 9:37am |
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Supacat Member Since: 16 Oct 2012 Location: West Yorkshire Posts: 11018 |
Not quite a tangent, but more of a thread drift, why aren't McLaren taking action against this chap?
Click image to enlarge Gordon Murray Automotive (@PlanetGMA) Tweeted: Professor Gordon Murray "The T.50 is designed to be the spiritual successor to the legendary McLaren F1." #gordonmurray #T50supercar #engineering #design #gordonmurrayautomotive #v12 #cosworth #fancar #beauty #t50 #art #Aerodynamics https://t.co/YvrtX3kEPc https://twitter.com/PlanetGMA/status/1332716272233160706?s=20 |
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28th Nov 2020 4:37pm |
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markb110 Member Since: 22 May 2010 Location: Guildford Posts: 2622 |
Recently it was Lewis Hamiliton suing the watchmaker for using the Hamiliton name, even though they were around long before that muppet was even born and there was even a picture of Elvis Presley wearing his when he was in uniform in the 50/60's
Some people just think that they are too important because they spend their lives surrounded by yes men. |
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28th Nov 2020 5:12pm |
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blackwolf Member Since: 03 Nov 2009 Location: South West England Posts: 17349 |
This brings to mind the famous Rolls-Royce versus Sizaire-Berwick case of 1912, when RR sued SB for using a design of radiator that closely resembled theirs, only to find that SB had registered the design, but RR had not. A rather amusing outcome.
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28th Nov 2020 5:36pm |
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90 Dreamer Member Since: 13 Jul 2019 Location: Oop North Posts: 2141 |
Not sure tht McLaren have anything to get excited about when its the original designer now designing a new car ?? |
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28th Nov 2020 6:23pm |
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Supacat Member Since: 16 Oct 2012 Location: West Yorkshire Posts: 11018 |
Two letters...
IP One company has it, one doesn't. One company gets upset when a 3rd party says it's going to produce the "spiritual successor", one doesn't. Who has the IP? Who gets upset? Just saying... #firstworldproblems |
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28th Nov 2020 6:49pm |
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markb110 Member Since: 22 May 2010 Location: Guildford Posts: 2622 |
Doesn't help that the 'general public' regard most if not all squared off 4x4's as Jeeps....... |
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28th Nov 2020 6:58pm |
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blackwolf Member Since: 03 Nov 2009 Location: South West England Posts: 17349 |
I don't think the gen. pop. think "jeep" as a manufacturer though, rather keep as a generic term for a small 4wd. In much the same way "Hoover" is not thought of as a brand.
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28th Nov 2020 10:37pm |
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