BMW loses latest ‘M’ battle with Nissan
#1
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BMW loses latest ‘M’ battle with Nissan
BMW loses ‘M’ battle with Nissan
Wednesday 8 August 2007
BMW has lost a court battle in Canada to prevent Nissan from using the letter ‘M’ for what BMW describes as its rival’s “inferior and more modestly priced” models. The latest announcement comes several months after BMW originally won an injunction to stop Nissan from using the letter. The original injunction was later overturned on appeal.
Part of BMW’s problem is the difficulty in proving that there was a trademark infringement but that won’t stop it from appealing the latest decision, reports the Financial Post. Officials from Munich didn’t object to Nissan using the letter for the Infiniti “M35″ and “M45″ but when the Japanese carmaker ran an advertisement in Canada, which stated “the M is coming,” they decided to take action.
BMW’s only option now is to either petition the Supreme Court to listen to its case or reach an agreement with Nissan.
Wednesday 8 August 2007
BMW has lost a court battle in Canada to prevent Nissan from using the letter ‘M’ for what BMW describes as its rival’s “inferior and more modestly priced” models. The latest announcement comes several months after BMW originally won an injunction to stop Nissan from using the letter. The original injunction was later overturned on appeal.
Part of BMW’s problem is the difficulty in proving that there was a trademark infringement but that won’t stop it from appealing the latest decision, reports the Financial Post. Officials from Munich didn’t object to Nissan using the letter for the Infiniti “M35″ and “M45″ but when the Japanese carmaker ran an advertisement in Canada, which stated “the M is coming,” they decided to take action.
BMW’s only option now is to either petition the Supreme Court to listen to its case or reach an agreement with Nissan.
#2
Lexus Champion
So are we going to see similar issues with Ford getting upset because their long-standing F-series trucks are being confused with Lexus and their new -F performance line?
I'm going to guess no since F-series trucks and -F performance series designations and the types of vehicles they represent are extremely different... but heck... who knows.
There's only so many damn letters in the alphabet. I don't think you should be able to trademark the use of a single letter - but rather only trademark the way in which that letter was used.
I guess saying 'we trademark the use of the letter M followed by a single numerical digit as a designation for a model of car'.
So in this case Infiniti is using M followed by 2 digits. That's really damn close, I suppose... close enough to make a case depending on how their trademark was worded and awarded.
I'm going to guess no since F-series trucks and -F performance series designations and the types of vehicles they represent are extremely different... but heck... who knows.
There's only so many damn letters in the alphabet. I don't think you should be able to trademark the use of a single letter - but rather only trademark the way in which that letter was used.
I guess saying 'we trademark the use of the letter M followed by a single numerical digit as a designation for a model of car'.
So in this case Infiniti is using M followed by 2 digits. That's really damn close, I suppose... close enough to make a case depending on how their trademark was worded and awarded.
#6
Yes Nissan should be known to have the "Z", but I'm not sure if BMW has ever released an Advertisement based on just the "Z' moniker.
There is just way too many lawsuits over stupid things nowadays and this is one of them.
#7
Lexus Champion
Guys, read the article. It says BMW took action only when it viewed the commercial advertising "The M is coming" I'm sure if Infinity said the "M35 is coming" then this wouldn't be a problem.
Yes Nissan should be known to have the "Z", but I'm not sure if BMW has ever released an Advertisement based on just the "Z' moniker.
There is just way too many lawsuits over stupid things nowadays and this is one of them.
Yes Nissan should be known to have the "Z", but I'm not sure if BMW has ever released an Advertisement based on just the "Z' moniker.
There is just way too many lawsuits over stupid things nowadays and this is one of them.
Maybe that's where the distinction lies - the ability to call a car by a single letter only.
I am a member on a camaro forum and if you say "Z" there people will still usually assume you're talking about the Nissan Z... not a Z28.
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#9
This whole thing hinges on one legal precept; Can you trademark a letter in the alphabet? I'm glad BMW lost this because the implications are messy all over the industry if they win and other automakers start firing legal shots at each other over this kind of stuff.
#10
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Guys, read the article. It says BMW took action only when it viewed the commercial advertising "The M is coming" I'm sure if Infinity said the "M35 is coming" then this wouldn't be a problem.
Yes Nissan should be known to have the "Z", but I'm not sure if BMW has ever released an Advertisement based on just the "Z' moniker.
There is just way too many lawsuits over stupid things nowadays and this is one of them.
Yes Nissan should be known to have the "Z", but I'm not sure if BMW has ever released an Advertisement based on just the "Z' moniker.
There is just way too many lawsuits over stupid things nowadays and this is one of them.
I totally understand where BMW is coming from, they are trying to protect a highly marketable and famous letter associated with cars, "M".
M1, M3, M5, M6 these are iconic cars.
In another thread I stated before I was with a girlfriend watching t.v and an ad came on. It was an Infinity ad and at the end it said something like "the new M, from a brand called Infiniti".
The FIRST thing out my friends mouth (she is oblivious to cars) was "is that the new M3"?????
That is BMWs point. This can confuse people, since most are not gearheads like us.
Lexus even got sued initally by another company called Lexis (I think that was the name). Infiniti constatly gets spelled Infinity like the speaker company.
Companies will FIGHT to keep their brand intact.
#12
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and actually i think the m35/45 has already done enough damage on the m power image of bmw. it's sooo common already that when i talk to people, they call the m35/45 "the m".
and one time when i was talking to someone about the new m3 is coming, they got confused and said i thought the m35 is pretty new
and one time when i was talking to someone about the new m3 is coming, they got confused and said i thought the m35 is pretty new
#13
Lexus Champion
Good point - BMW has been calling their cars by the letter "M" alone for quite some time, and Nissan has been doing the same with "Z".
Maybe that's where the distinction lies - the ability to call a car by a single letter only.
I am a member on a camaro forum and if you say "Z" there people will still usually assume you're talking about the Nissan Z... not a Z28.
Maybe that's where the distinction lies - the ability to call a car by a single letter only.
I am a member on a camaro forum and if you say "Z" there people will still usually assume you're talking about the Nissan Z... not a Z28.
#14
If you dont know that the term "M" belongs to a BMW, then you aren't a car enthusiast.
1sicklex: There are two parts to this. LIke i had mentioned previously. The commercial part of the discussion is wrong and I would totally agree with you, and Infiniti should not be able to use that as advertisement. But the naming of the M35/M45 cars should be able to stand.
#15
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How about if car manufacturers try using different letters? As far as I know the BMW M was around far before the Infiniti M, so if Inifiniti wanted to be distinct maybe they should have chosen a different letter. Likewise for the other way around, BMW probably shouldn't have picked Z since Nissan was clearly all over that letter.
If you really wanted to be distinctive you would have picked a different letter, if you wanted to create confusion you would keep doing what you're doing.
Just thinking quickly here, letters I *think* are still unused (or don't have a clear brand distinction):
D H K N O P T U W X Y
If you really wanted to be distinctive you would have picked a different letter, if you wanted to create confusion you would keep doing what you're doing.
Just thinking quickly here, letters I *think* are still unused (or don't have a clear brand distinction):
D H K N O P T U W X Y