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BMW loses latest ‘M’ battle with Nissan

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Old 08-08-07, 11:15 AM
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Gojirra99
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Default 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.
via motorauthority
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Old 08-08-07, 11:20 AM
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Threxx
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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.
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Old 08-08-07, 11:21 AM
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It doesn't matter, you think of cars and you think of "M" you think of BMW, period.
BMW describes as its rival’s “inferior and more modestly priced” models.
Lmao, damn near signature worthy! BMW's press releases are not a lesson in modesty
 
Old 08-08-07, 11:21 AM
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next news: Nissan sues BMW over the letter 'Z'
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Old 08-08-07, 11:24 AM
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Originally Posted by ElitistK
next news: Nissan sues BMW over the letter 'Z'
They should, Z has been around since the 70s, and when people think Z, they do think of the Nissan car, not the Z3 or Z4.
 
Old 08-08-07, 11:27 AM
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Originally Posted by 1SICKLEX
They should, Z has been around since the 70s, and when people think Z, they do think of the Nissan car, not the Z3 or Z4.
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.
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Old 08-08-07, 11:31 AM
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Threxx
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Originally Posted by r1lee
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.
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.
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Old 08-08-07, 11:37 AM
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With letters vastly overused, I can't wait for cars to be named after a sound, like clicking the roof of your mouth, or a deep moan...
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Old 08-08-07, 11:40 AM
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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.
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Old 08-08-07, 12:06 PM
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Originally Posted by r1lee
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.
Its not ridiculous to me. Companies spend BILLIONS on advertising and BILLIONS to create an image of a brand. It takes countless hours of manpower to make this happen, especially with cars, its not overnight.

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.
 
Old 08-08-07, 12:15 PM
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^^^^ excellent points. Agree 100%
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Old 08-08-07, 12:29 PM
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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
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Old 08-08-07, 12:51 PM
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Originally Posted by Threxx
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.
Good point...
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Old 08-08-07, 01:19 PM
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Originally Posted by speedflex
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.
Agree to this point 100%. To be able to trademark 1 letter of the alphabet is absurd!

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.
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Old 08-08-07, 01:42 PM
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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
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