Another court battle: BMW demands 260million from Infiniti (M models)
01-30-06, 12:41 PM
#1
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Another court battle: BMW demands 260million from Infiniti (M models)
How much is a letter worth? When it comes to branding hot cars, BMW says it has invested at least $260.7 million internationally over nearly 30 years promoting its M series.
So it took offense when a Nissan Canada ad campaign used "the M is coming" - with a capital M and a Nissan logo - to advertise the Infiniti M35 and M45.
BMW sued Nissan in Canada's federal court, alleging trademark infringement. It says it fears even aficionados could confuse Nissan and BMW cars.
But BMW has not produced any evidence of harm, the judge noted in denying BMW's request for an injunction to stop the ads.
No proof, no injunction.
The judge, acknowledging the importance of the M cachet to BMW, told the companies the case would be heard as soon as possible, perhaps late this year.
So it took offense when a Nissan Canada ad campaign used "the M is coming" - with a capital M and a Nissan logo - to advertise the Infiniti M35 and M45.
BMW sued Nissan in Canada's federal court, alleging trademark infringement. It says it fears even aficionados could confuse Nissan and BMW cars.
But BMW has not produced any evidence of harm, the judge noted in denying BMW's request for an injunction to stop the ads.
No proof, no injunction.
The judge, acknowledging the importance of the M cachet to BMW, told the companies the case would be heard as soon as possible, perhaps late this year.
http://www.autoweek.com/apps/pbcs.dl.../60130001/1041
01-30-06, 02:36 PM
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I guess Mazda could sue Lexus for using RX, Acura could sue Mercedes-Benz(or the other way around?) for using CL. This is ridiculous. BMW thinks the alphabet "M" belongs to them or what? Infiniti didn't call their M as M3 or M5 right? $260.7million???????? I wish BMW would lose the case if it is actually put onto court. This is not a right way to earn people's hard-earned money. Mercedes-Benz has a new car called S550, pretty similar to BMW's 550i isn't it? Lexus's RX330 and ES330 has something close to their 330i also. SUE ALL OF THEM BMW.
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01-30-06, 03:09 PM
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I am glad to see BMW do this, since Nissan wants to try to sue everyone for the same thing (they brought up the Audi new SUV Q7 name being used, saying they have a Q45, but they forgot to tell the judge, no one knows or cares what a Q is and they have sold 5 cars in 5 years and its going to be discontinued anyway). They should just keep them as Nissan Fugas to prevent any confusion, quite frankly.
Funny story, I was over a girlfriends house, and we were watching T.V. An Infiniti M ad comes on. We look and then she tells me "Mike, I saw a sweet M3 on the way to work tomorrow".
Not what Nissan had in mind for branding I am sure.
I guess Nissan could take the time and explain to its customers the M35/45 got its name from another discontinued Infiniti, the M30, over 14 years ago. Of course, that old M and this new M has nothing in common, like most of their lineup anyway.
Funny story, I was over a girlfriends house, and we were watching T.V. An Infiniti M ad comes on. We look and then she tells me "Mike, I saw a sweet M3 on the way to work tomorrow".
Not what Nissan had in mind for branding I am sure.
I guess Nissan could take the time and explain to its customers the M35/45 got its name from another discontinued Infiniti, the M30, over 14 years ago. Of course, that old M and this new M has nothing in common, like most of their lineup anyway.
01-30-06, 04:41 PM
#10
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Being in trademark law, I am not surprised at the injunction. I have seen so many cases involving a single letter of the alphabet. If there were some similarity in the way the M was used (design, logo (bordering into copyright), I might see something.
01-30-06, 04:57 PM
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It sounds like the problem is when Nissan talked about "the M" as opposed to "the M35" or "the M45". BMW has spent years (and marketing millions) building the prestige of their motorsports division, so I can see why they would jealously guard that.
What Mike's female friend said is a perfect example of why BMW is unhappy. Nissan is fomenting confusion in the marketplace, no doubt hoping that the positive impression driving enthusiasts have for M cars will transfer to their new sedans.
OTOH, this is a great jump in prestige for Infiniti. If we were still talking about the last-gen M35, I don't think BMW would have caused a fuss over the exact same advertising. It's only because the new car is actually a threat to some of their clientele that they are showing an interest.
What Mike's female friend said is a perfect example of why BMW is unhappy. Nissan is fomenting confusion in the marketplace, no doubt hoping that the positive impression driving enthusiasts have for M cars will transfer to their new sedans.
OTOH, this is a great jump in prestige for Infiniti. If we were still talking about the last-gen M35, I don't think BMW would have caused a fuss over the exact same advertising. It's only because the new car is actually a threat to some of their clientele that they are showing an interest.
01-30-06, 05:16 PM
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Originally Posted by Iceman
It sounds like the problem is when Nissan talked about "the M" as opposed to "the M35" or "the M45". BMW has spent years (and marketing millions) building the prestige of their motorsports division, so I can see why they would jealously guard that.
What Mike's female friend said is a perfect example of why BMW is unhappy. Nissan is fomenting confusion in the marketplace, no doubt hoping that the positive impression driving enthusiasts have for M cars will transfer to their new sedans.
OTOH, this is a great jump in prestige for Infiniti. If we were still talking about the last-gen M35, I don't think BMW would have caused a fuss over the exact same advertising. It's only because the new car is actually a threat to some of their clientele that they are showing an interest.
What Mike's female friend said is a perfect example of why BMW is unhappy. Nissan is fomenting confusion in the marketplace, no doubt hoping that the positive impression driving enthusiasts have for M cars will transfer to their new sedans.
OTOH, this is a great jump in prestige for Infiniti. If we were still talking about the last-gen M35, I don't think BMW would have caused a fuss over the exact same advertising. It's only because the new car is actually a threat to some of their clientele that they are showing an interest.
Damn Iceman, great point.
The funny thing, is Nissan complained about the "Q" and its almost the exact opposite situation.
01-30-06, 06:25 PM
#13
Lexus Connoisseur
Great job BMW! 
01-30-06, 08:21 PM
#14
Originally Posted by 1SICKLEX
I wasn't even thinking about that. Since the last Infintii M, the M30 was so bad, BMW didn't pay it any mind. Since the new one is a sports sedan, which is now cross-shopped with the 5 series, it does pose a problem, and lets keep in mind BMW's "M" division has NEVER been hotter or greater than today.
Damn Iceman, great point.
The funny thing, is Nissan complained about the "Q" and its almost the exact opposite situation.
Damn Iceman, great point.
The funny thing, is Nissan complained about the "Q" and its almost the exact opposite situation.
01-30-06, 08:28 PM
#15
Originally Posted by magneto112
BMW sued Nissan in Canada's federal court, alleging trademark infringement. It says it fears even aficionados could confuse Nissan and BMW cars.
I can see the alphabet wars are causing trademark issues, but this is pretty lame and weak that drivers, wait.... aficionados, could be confused b/t the two? They're saying that car fanatics are too stupid to not know the difference
? 
I agree then that Nissan should sue BMW for the Z.