Jaguar Land Rover (JLR) have recently found themselves in court regarding the infringement of another one of their vehicles.
The case in England and Wales’s Court of Appeal saw JLR launch an appeal following a ruling at the High Court over Yorkshire based Twisted Automotive’s trade mark for ‘LR Motors’.
Twisted Automotive is in the business of selling personalised previously owned Defenders. The model had previously been manufactured by Land Rover until 2016.
The Court of Appeal rejected Jaguar Land Rover’s submission for a second appeal, claiming that they were simply attempting to re-argue an identical case.
In the original case, JLR indicated that the trademark may cause the consumer to consider Twisted Automotive and JLR to be associated.
However, the Court of Appeal found that JLR’s claim that “everyone realises the initials LR in LR Motors refer to Land Rover” was “simply an assertion with no evidence to support it”.
It was stated by the court that JLR had “not even attempted” to develop a convincing argument for the appeal to be heard and that there was no actual legal issue.
The managing director of Twisted Automotive, Charles Fawcett said that the claim dismissal was a success as the “little guy against an industry giant”.
He stated “I very much see it as a small victory for the whole automotive aftermarket industry as well as for Twisted Automotive. Sometimes it’s just about being right, being confident you are right and sticking to your guns. A big budget isn’t necessarily what it takes. The work of our team over the last two decades has helped boost the profile and demand for the Defender, even now more than three years after JLR stopped making it.”
For advice on intellectual property matters and infringement claims, please contact our Commercial team.
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