Volkswagen is one of the major importers of cars into Japan, a country famous for export of cars. Little wonder, then that it was sensitive about trade mark applications which it believes are too close to its famous sub-brand, “POLO”. Volkswagen’s strategy in Japan is implied in this passage from its website https://www.volkswagenag.com/en/news/stories/2019/03/volkswagen-group-japanese-passenger-car-market-status.html : This… Continue reading Volkswagen’s POLO woes in Japan (2019 and 2022)
Volkswagen AG v Tungpei Industrial Co – an acronym dispute in Australia in 2020
In 2020 the Australian trade mark registrar delivered a decision involving German marque Volkswagen and a business named Tungpei Industrial Co, based in Taiwan. The marks in dispute were “TSI”, applied for by the applicant, and “TSI” and “TDI” – plainly, similar enough to prima facie support an opposition. However, in this instance, the mark… Continue reading Volkswagen AG v Tungpei Industrial Co – an acronym dispute in Australia in 2020
General Motors – Australian trade mark opposition disputes over the GMSV and HSV brands
This post looks at two disputes before the Australian trade marks registrar involving motor vehicle sub-brands: the relatively recent decision in General Motors LLC v Laser Cleaning Machines Australia Pty Ltd [2022] ATMO 94 (14 June 2022) (the GMSV decision), and a decision which is almost 20 years old, General Motors Corporation v Anthony Nicholls [2003] ATMO… Continue reading General Motors – Australian trade mark opposition disputes over the GMSV and HSV brands
Registering model numbers in Australia: revisiting Toyota Jidosha Kabushiki Kaisha [2001] ATMO 50 (14 June 2001)
Vehicle manufacturers of all stripes very often use model numbers as sub-brands. These are important ways of communicating to members of the public about the nature of a particular model or style of vehicle. But sometimes these model numbers serve as more than just a badge of origin. They can also give informed consumers, or… Continue reading Registering model numbers in Australia: revisiting Toyota Jidosha Kabushiki Kaisha [2001] ATMO 50 (14 June 2001)
Ferrari SpA v Mansory Design & Holding GmbH and WH: the CJEU decision on Ferrari FXX K’s bodywork
The post is about the decision in C-123/20 Ferrari SpA v Mansory Design & Holding GmbH and WH, issued on 28 October 2021 by the Court of Justice of the European Union (CJEU). The Federal Court of Justice in Germany sought guidance from the CJEU in a design dispute between luxury car maker Ferrari and… Continue reading Ferrari SpA v Mansory Design & Holding GmbH and WH: the CJEU decision on Ferrari FXX K’s bodywork
The Lexus spindle grill is rejected as a trade mark by IP Australia
“It is apparent from the evidence that vehicle grilles come in an array of different shapes and sizes. The purpose of a vehicle grille is to let air flow into the engine bay to prevent overheating.” This is a quote from very recent decision of a delegate of the Australian trade marks registrar (Toyota Jidosha… Continue reading The Lexus spindle grill is rejected as a trade mark by IP Australia
The Cobra 427 S/C shape trade mark: Factory Five Racing Inc v Shelby (2010 TTAB) revisited
On 25 June 2018, legendary car maker Carroll Shelby filed an Australian trade mark application for the classic Cobra 427 S/C design. It encountered an adverse report from the examiner on 18 April 2019, and lapsed. Here is an extract from the Australian register: Mr Shelby has had ongoing issues with the protection of this… Continue reading The Cobra 427 S/C shape trade mark: Factory Five Racing Inc v Shelby (2010 TTAB) revisited
Ares Performance v Ferrari SpA: lessons to be learned from the 2020 partial cancellation of Ferrari’s 250 GT shape trade mark
In this post, I look at Ares Performance AG v Ferrari SpA (EUIPO Cancellation Division No C 30 743: May 29, 2020). Ferrari suffered a significant (but, to be fair, not unexpected) loss when its trade mark registration for its famous 250 GTO car design was partially cancelled, except in so far as it related… Continue reading Ares Performance v Ferrari SpA: lessons to be learned from the 2020 partial cancellation of Ferrari’s 250 GT shape trade mark
BMW’s Australian Shape Trade Mark for the Spirit of Ecstasy
On 12 July 2022 Bayerische Motoren Werke Aktiengesellschaft (“BMW”) filed an Australian shape trade mark for the famous Rolls Royce hood ornament, the Spirit of Ecstasy. Here is an extract from the register: The mark relies upon a priority application filed in Germany around two weeks before the Australian application was filed. Interestingly, it is… Continue reading BMW’s Australian Shape Trade Mark for the Spirit of Ecstasy