Archive for the ‘design’ category

The colourless world


This is a development proposed for my old street in Rongotai. Since I’ve moved away I haven’t a say in what happens there. I can only make some general remarks. And this post is not written from the Luddite position.
   It’s the price of progress that as cities grow, we need more housing, and if it means bowling for old bungalows from the first decades of the 20th century in favour of 14 townhouses, then that is the reality we must face, no matter our feelings of nostalgia. What a shame the green space will be reduced dramatically.
   But why, oh why, must there be another development devoid of colour with a planned uniformity that smacks of communism? Don’t people deserve to live in colour and in dwellings that have some imagination and individuality from their neighbours’? Come to think of it, people deserve to have cars in shades beyond black, white and grey, but I’m not sure if all dealers have that memorandum.
   I also hope these aren’t airtight mould-traps that harm their future residents.
   The obvious bright side is more people will have homes in a pretty handy part of Wellington. Another bright side I see here is that with the increase of dwellings on the street from 14 to 24, there might be more neighbourhood children enjoying living in a cul-de-sac.
   It’ll be a shock when these developers discover there are more paint colours available than the ones they have chosen. And when certain architects discover there are multiple ways to skin a cat. They might also get a shock to find that bread can come pre-sliced these days. Vive la révolution!

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Facebook fooled us into thinking we were being creative


My friend Keith has been away from Facebook for six weeks, for work reasons, and hasn’t missed it. And he asked, ‘Was it all really a waste of time?’
   I know you think you know what I’m going to say, but the answer might surprise you a little.
   Fundamentally, it’s yes (this is how you know this blog has not been hijacked), but Keith’s question brought home to me, as well as other work I’ve done this week, the biggest con of Facebook for the creative person.
   It’s not the fact the advertising results are not independently checked, or that there’s evidence that Facebook itself uses bots to boost likes to a page. The con was, certainly when I was a heavy user around the time Timeline was introduced, making us feel like we were doing something creative, satiating that part of our brain, when in fact we were making Zuckerberg rich.
   How we would curate our lives! Show the best side of ourselves! Choose those big pictures to be two-column-wide Timeline posts! We looked at these screens like canvases to be manipulated and we enjoyed what they showed us.
   Before Facebook became ‘the new Digg’ (as I have called it), and a site for misinformation, we were still keeping in touch with friends and having fun, and it seemed to be the cool thing to do as business went quiet in the wake of the GFC.
   And I was conned. I was conned into thinking I was enjoying the photography and writing and editing—at least till I realized that importing my RSS feeds into Facebook gave people zero incentive to come to my sites.
   This week, with redoing a few more pages on our websites, especially ones that dated back many years, I was reminded how that sort of creative endeavour gave me a buzz, and why many parts of our company websites used to look pretty flash.
   The new look to some pages—the photo gallery was the most recent one to go under the knife—is slightly more generic (which is the blunt way to say contemporary), but the old one had dated tremendously and just wasn’t a pleasure to scroll down.
   And while it still uses old-fashioned HTML tables (carried over from the old) it was enjoyable to do the design work.
   There’s still more to do as the current look is rolled out to more pages.
   Maybe it took me a while to realize this, and others had already got there, but most of my time had been spent doing our print magazines lately. But designing web stuff was always fun, and I’m glad I got to find that buzz again, thanks to Amanda’s nudge and concepts for, the JY&A Consulting site. Forget the attention economy, because charity begins at the home page.

Photo galleries, old and new. The top layout is more creative design-wise than the lower one, but sadly the browsing experience felt dated.

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When fashion magazine websites begin looking the same


Above: Vogue Korea’s website follows the æsthetic of a big lead image and smaller subsidiary ones.

This started as a blog entry but took a tangent about 500 words in, and it was better as an op–ed in Lucire. Some of the themes will be familiar to regular readers, especially about Big Tech, but here I discuss its influence on web design trends and standardization. The headline says it all: ‘Where have the fun fashion magazine websites gone?’. Browsing in the 1990s was fun, discovering how people coded to overcome the limitations of the medium, and, in my case, bringing in lessons from print that worked. Maybe it’s an age thing, or the fact I don’t surf as much for leisure, but in 2021 the sites I come across tend to look the same, especially the ones that were in Lucire’s ‘Newsstand’ section.
   I do know of great sites—my friend and colleague Charlie Ward has his one, which does everything you would expect from a great designer’s web presence. So many others look like they’ve bought a template. As to those of us in magazines—I’d love to see something that really inspired me again.

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Branding ourselves in the 2020s: a revamp for JY&A Consulting’s website,


Last night, I uploaded a revised website for JY&A Consulting (, which I wrote and coded. Amanda came up with a lot of the good ideas for it—it was important to get her feedback precisely because she isn’t in the industry, and I could then include people who might be looking to start a new venture while working from home among potential clients.
   Publishing and fonts aside, it was branding that I’m formally trained in, other than law, and since we started, I’ve worked with a number of wonderful colleagues from around the world as my “A team” in this sector. When I started redoing the site, and getting a few logos for the home page, I remembered a few of the old clients whose brands I had worked on. There are a select few, too, that I’m never allowed to mention, or even hint at. C’est la vie.
   There are still areas to play with (such as mobile optimization)—no new website is a fait accompli on day one—and things I need to check with colleagues, but by and large what appears there is the look I want for 2021. And here’s the most compelling reason for doing the update: the old site dated from 2012.
   It was just one of those things: if work’s ticking along, then do you need to redo the site? But as we started a new decade, the old site looked like a relic. Twenty twelve was a long time ago: it was the year we were worried that the Mayans were right and their calendar ran out (the biggest doomsday prediction since Y2K?); that some Americans thought that Mitt Romney would be too right-wing for their country as he went up against Barack Obama—who said same-sex marriage should be legal that year—in their presidential election; and Prince Harry, the party animal version, was stripping in Las Vegas.
   It was designed when we still didn’t want to scroll down a web page, when cellphones weren’t the main tool to browse web pages with, and we filled it up with smart information, because we figured the people who’d hire us wanted as much depth as we could reasonably show off on a site. We even had a Javascript slider animation on the home page, images fading into others, showing the work we had done.
   Times have changed. A lot of what we can offer, we could express more succinctly. People seem to want greater simplicity on websites. We can have taller pages because scrolling is normal. As a trend, websites seem to have bigger type to accommodate browsing on smaller devices (having said that, every time we look at doing mobile versions of sites, as we did in the early 2000s, new technology came along to render them obsolete)—all while print magazines seem to have shrunk their body type! And we may as well show off, like so many others, that we’ve appeared in The New York Times and CNN—places where I’ve been quoted as a brand guy and not the publisher of Lucire.
   But, most importantly, we took a market orientation to the website: it wasn’t developed to show off what we thought was important, but what a customer might think is important.
   The old headings—‘Humanistic branding and CSR’, ‘Branding and the law’ (the pages are still there, but unlinked from the main site)—might show why we’re different, but they’re not necessarily the reasons people might come to hire us. They still can—but we do heaps of other stuff, too.
   I might love that photo of me with the Medinge Group at la Sorbonne–CELSA, but I’m betting the majority of customers will ask, ‘Who cares?’ or ‘How does this impact on my work?’
   As consumer requirements change, I’m sure we’ll have pages from today that seem irrelevant, in which case we’ll have to get on to changing them as soon as possible, rather than wait nine years.
   Looking back over the years, the brand consulting site has had quite a few iterations on the web. While I still have all these files offline, it was quicker to look at the Internet Archive, discovering an early incarnation in 1997 that was, looking back now, lacking. But some of our lessons in print were adopted—people once thought our ability to bring in a print æsthetic was one of our skills—and that helped it look reasonably smart in a late 1990s context, especially with some of the limited software we had.

   The next version of the site is from the early 2000s, and at this point, the website’s design was based around our offline collateral, including our customer report documents, which used big blocks of colour. The example I took was from 2003, but the look may have débuted in 2001. Note that the screen wouldn’t have been as wide as a modern computer’s, so the text wouldn’t have been in columns as wide as the ones in the illustration. Browsers also had margins built in.

   We really did keep this till 2012, with updates to the news items, as far as I can make out—it looks like 2021 wasn’t the first time I left things untouched for so long. But it got us work. In 2012, I thought I was so smart doing the table in the top menu, and you didn’t need to scroll. And this incarnation probably got us less work.

   There’s still a lot of satisfaction knowing that you’ve coded your own site, and not relied on Wordpress or Wix. Being your own client has its advantages in terms of evolving the site and figuring out where everything goes. It’s not perfect but there’s little errant code here; everything’s used to get that page appearing on the site, and hopefully you all enjoy the browsing experience. At least it’s no longer stuck in the early 2010s and hopefully makes it clearer about what we do. Your feedback, especially around the suitability of our offerings, is very welcome.

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Posted in business, design, internet, marketing, New Zealand, technology, Wellington | 1 Comment »

Autocade reaches 22 million, while Rachel Hunter appears in Lucire


As I begin this blog post, Autocade has just crossed the 22 million page-view barrier, at 22,000,040. I had estimated we would get there on Sunday, and as it’s just ticked over here in New Zealand, I was right.
   We have 4,379 models in the database, with the Bestune B70, in its third generation, the most recent model added. I’m grateful it’s a regular car—not yet another crossover, which has been the usual story of 2020 whenever I added new models to the site.
   As crossovers and SUVs were once regarded as niche models, historical ones weren’t put up in any great haste, so I can’t always escape them just by putting up models from the past. However, there are countless sports and supercars to go up, so maybe I’ll need to add them in amongst the SUVs to maintain my sanity and happiness. These high-riding two-box vehicles are incredibly boring subjects stylistically.
   It’s a stroke of luck, then, to have the B70: Bestune’s sole saloon offering now in amongst an entire range of crossovers. The saloons are the niche vehicles of 2020–1. It’s a stylish motor, too: Cadillac looks for a middle-class price. Admittedly, such close inspirations haven’t deserted China altogether, but this is, in my mind, no worse than Ford pretending its 1975 US Granada was a Mercedes-Benz for the masses. It’s not going to get GM’s lawyers upset. And unlike the Granada, the B70 is actually a fairly advanced car, with refinement now on par with a lot of joint-venture models coming out of China.
   You know the drill to track Autocade’s growth:

March 2008: launch
April 2011: 1,000,000 (three years for first million)
March 2012: 2,000,000 (11 months for second million)
May 2013: 3,000,000 (14 months for third million)
January 2014: 4,000,000 (eight months for fourth million)
September 2014: 5,000,000 (eight months for fifth million)
May 2015: 6,000,000 (eight months for sixth million)
October 2015: 7,000,000 (five months for seventh million)
March 2016: 8,000,000 (five months for eighth million)
August 2016: 9,000,000 (five months for ninth million)
February 2017: 10,000,000 (six months for 10th million)
June 2017: 11,000,000 (four months for 11th million)
January 2018: 12,000,000 (seven months for 12th million)
May 2018: 13,000,000 (four months for 13th million)
September 2018: 14,000,000 (four months for 14th million)
February 2019: 15,000,000 (five months for 15th million)
June 2019: 16,000,000 (four months for 16th million)
October 2019: 17,000,000 (four months for 17th million)
December 2019: 18,000,000 (just under three months for 18th million)
April 2020: 19,000,000 (just over three months for 19th million)
July 2020: 20,000,000 (just over three-and-a-half months for 20th million)
October 2020: 21,000,000 (three months for 21st million)
January 2021: 22,000,000 (three months for 22nd million)

   Not a huge change in the rate, then: for the past year we can expect roughly a million page views every three months. The database has increased by 96 model entries, versus 40 when I last posted about the million milestones.

In other publishing news, Jody Miller has managed to get an interview with Rachel Hunter. Her story is on Lucire today, and I’m expecting a more in-depth one will appear in print later in 2021. It’s taken us 23 years (not that we were actively pursuing): it’s just one of those things where it took that long for our paths to cross. Both Rachel and Lucire are Kiwi names that are arguably more noticed abroad than in our countries of birth, and I suppose it’s like two compatriots who travel to different countries. You don’t always bump into one another.

I end this blog post with Autocade’s views at 22,000,302.

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Posted in cars, China, design, New Zealand, publishing, USA | 1 Comment »

December 2020 gallery


Here are the images that have piqued my interest for December 2020. For November’s gallery, click here (all gallery posts are here). And for why I started this, here’s my earlier post on this blog, and also here and here on NewTumbl.


   Auckland City Library opening, via Auckland City Council Residents’ Group on Twitter.
   Jono Barber scanned the Aston Martin DB5 story from newspaper clippings he recently found.
   From the Instagram of hairstylist extraordinaire, my friend Adrian Gutierrez. Photographed by Steve Yu, hair by Adrian Gutierrez, make-up by Meri, modelled by Chanel Margaux.
   Volkswagen Käfer advertisement from the Car Factoids on Twitter.
   Star Trek–Star Wars series from Alex on NewTumbl.
   Manawatū Guardian front page relates to this Tweet.
   Alexa Breit promotes masks by Peggell, via Instagram.
   Amber Peebles photographed by me in 2003 on a Voigtländer Bessamatic Deluxe.
   Google Forms’ 419 scam relates to this Toot.
   Peugeot 504 advertisement from the Car Factoids on Twitter.
   Triumph TR7 brochure cover from the Car Factoids on Twitter.
   Katharina Mazepa photograph from her Instagram.
   More about the JAC Jiayue A5 (JAC J7 for export) at Autocade.
   Tardis image from Alex on NewTumbl.
   More information on the Toyota Yaris Cross at Autocade.

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Posted in cars, China, design, Gallery, interests, internet, media, TV, UK, USA | 1 Comment »

Medinge Group at Dutch Design Week: the contribution from Aotearoa New Zealand


My partner Amanda and I are part of Medinge’s presence at Dutch Design Week this year.
   Since Medinge couldn’t celebrate our 20th anniversary due to COVID-19, some of our Dutch members, helped by many others, took the opportunity to get us into the event, which is virtual this year.
   We had done a lot of work on Generation Co earlier in 2020, thanks to a load of Zoom meetings and emails. This takes things even further, but builds on it.
   The programme can be found here, and is titled ‘Putting the Planet First: a New Orientation’.
   The description: ‘Instead of thinking about the 3Ps—your challenge is to adopt a new perspective. Always put Planet first. Then people. Then profit.’
   After signing up for free, you can head into our virtual rooms.
   From the page: ‘Only 21/10/2020, 10:00–13:00 lectures and livestreams from members of the Medinge Think Tank: a group of brand experts and visionaries from around the world whose purpose is to influence business to become more humane and conscious in order to help humanity progress and prosper. With international speakers who have worked on these rights and bring in the perspective from indigenous people who co-exist with the rivers.’
   On Tuesday the 21st at 10 a.m. CET is Amanda’s presentation on the Whanganui River, which was given the rights of a legal person in legislation enacted in March 2017.
   Amanda worked at the Office of Treaty Settlements at the time, so this is really her talk. I just set the laptop on the table, with a microphone generously lent to me by my friend Brenda Wallace. Then I edited it in video-editing software with all the skill of an amateur.
   But that’s the year of COVID-19 for you.
   The way the talk came about was in discussion in 2019 with my colleagues at Medinge Group. The concept of legal rights on natural resources and indigenous rights came up, as did the case of the Whanganui River, which is known beyond our shores.
   They had no idea Amanda worked on it, and proudly I mentioned her role.
   From then on she was part of the programme, and it all came together last Friday.
   In the talk, you’ll see me on a much lower chair than her, propped up by a bag of rice that slowly sags as the recording wears on.
   There’s only so much furniture at her Dad’s studio but it was the most comfortable place we could think of for the filming.
   More important are the contents of her talk, which I thoroughly recommend. She worked really hard on the responses over a few weeks to make sure it was thoroughly rigorous.
   It’s followed by a talk from my good friend and colleague Sudhir John Horo. Pop over, it’s going to be a really eventful day in virtual Eindhoven.

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Posted in branding, business, culture, design, leadership, marketing, New Zealand, politics, social responsibility, Sweden, Wellington | No Comments »

How to delete Windows 10 system fonts for real, not just remove registry references to them


My last post implied that I ego-surfed and found a Wikipedia chat entry about me, but that’s not the case. I was searching for information on how to remove a system-protected font from Windows 10, and seeing as I often post solutions to obscure technical issues on here, I had hoped I recorded my how-to last time. The libel posted by some Australian Wikipedia editor came up during that search.
   Once upon a time, Microsoft didn’t care if you removed system fonts, but at some point, it began protecting Arial, whose design, for reasons I’ve gone into elsewhere, I’ve always considered compromised. There was one stage where you could replace Arial with something else called Arial, and as I had a licence for a very, very old Agfa version of Helvetica (do people remember CG Triumvirate?!), I decided to modify its file name to fool Windows into thinking all was well.
   The last time Windows did an update—version 1909—I had to resort to a safe-mode boot and taking control of the font files as admin, but I really could not remember the specifics. The problem is that when you install the “new” Arial, the existing roman one is used by quite a few applications, and you don’t really replace it—your only solution is to delete it.
   With version 2004, safe mode is quite different, and the command prompt and Powershell commands I knew just didn’t cut it. I realize the usual solution is to go into the registry keys—I’ve used this one for a long, long time—and to remove or modify the references to the offending fonts at HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows NT\CurrentVersion\Fonts. I’ve also used the HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows NT\CurrentVersion\FontSubstitutes key to make sure that Helvetica does not map on to Arial (in fact, I make sure Arial maps on to Helvetica). Neither actually works in this case; they are ignored, even bypassed by certain programs. And, really, neither deletes the file; they just attempt to have Windows not load them, something which, as I discovered, doesn’t prevent Windows from loading them.
   By all means, use these methods, but be prepared for the exception where it doesn’t work. The claim that the methods ‘delete’ the fonts is actually untrue: they remain in C:\Windows\Fonts.
   The other methods that do not work are altering the equivalent keys under WOW6432node (which get intercepted and directed from the 32-bit keys anyway), using an elevated command prompt to delete the files (at least not initially), or doing the same from safe mode (which is very different now, as safe mode is in the same resolution and the Windows\Fonts folder displays as it does in the regular mode—so you cannot see the files you have to remove). You cannot take ownership of the font files through an elevated Powershell (errors result), nor can you do this from safe mode. Nothing happens if you delete FNTCACHE.DAT from the system32 directory, and nothing happens if you delete ~fontcache files from the Local directory.
   What was interesting was what kept calling arial.ttf in the fonts’ directory even after “my” Arial was loaded up. The imposter Arial loaded in most programs, but for the Chromium-based browsers (Vivaldi, Edge), somehow these knew to avoid the font registry and access the font directly. This was confirmed by analysing the processes under Process Monitor: sure enough, something had called up and used arial.ttf.
   This Wikihow article was a useful lead, getting us to delete the fonts under the Windows\WinSxS folder, and showing how to take ownership of them. I don’t know if altering these ultimately affected the ones inside Windows\Fonts, but I followed the instructions, to find that the original Arial was being accessed by three programs: Vivaldi, Keybase, and Qt Qtwebengineprocess. I shut each one of these down and removed the Arial family.
   Reboot: it was still there. Then it hit me, and I posted the solution in the Microsoft Answers forum (perhaps inadvertently prompting a Microsoft programmer to make things even harder in future!). Another user had told me it was impossible, but I knew that to be untrue, since it had been possible every other time.
   The solution is pretty simple: since you can’t see the full Windows\Fonts directory with Windows Explorer, then I needed another file manager.
   Luckily, I had 7zip, which I opened as an administrator. It allowed me to go into the folder and view all its contents, not just the fonts called up under HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows NT\CurrentVersion\Fonts, which we know is not an accurate representation of the fonts being used by the system. From there I could finally delete the offending four fonts without changing the ownership (which makes me wonder if the Wikihow advice of changing the owner under Windows\WinSxS wound up affecting the Windows\Fonts files). Once again, I had to close Keybase, Vivaldi and Qt Qtwebengineprocess.
   It took from c. 4 p.m., when my desktop PC updated to v. 2004 (my laptop had been on it for many weeks; soon after its release, in fact) to 2 a.m., with a break in between to cook and eat dinner. I’m hoping those hours of having typographic OCD helps others who want to have a font menu where they determine what they should have. Also, user beware: don’t delete stuff that the system really, really needs, including an icon font that Windows uses for rendering its GUI.

Using Google as a last resort—except this search, which I did again as an illustration, now displays in CG Triumvirate rather than Arial. Normally, Google is a big Arial user (Arial and sans-serif are in the CSS specs) and Chromium browsers are all too happy to circumvent the registry-registered fonts and go straight into your hard drive.

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More Wikiality—and this time it’s about me!


Goes to show how seldom I ego-search.
   Here’s something a Wikipedian wrote about me in a discussion in 2010:

Jack Yan is not a notable typeface designer. He has never laid a hand on mouse or trackball to operate a font editing application. He tells some graphic designer employees of his what he wants them to draw with software, and has them do all the work of drawing and solving all the design problems involved in creating and designing a typeface and its fonts. As a professional typeface designer myself, Yan’s involvement in type design and font production does not qualify him as a typeface designer. Not even close.

   The user is called James Arboghast, whom I’ve never heard of in any of my years in the type design business.
   Now, you can argue whether I’m notable or not. You might not even like my designs. But given that Arboghast has such a knowledge of our inner workings, then maybe it would suggest that I am?
   Based on the above, which is libellous, let me say without fear of committing the same that, in this instance, Mr Arboghast is a fantasist and a liar.
   I’ve no beef with him outside of this, but considering that I was the first typeface designer in this country to work digitally—so much so that Joseph Churchward, who is indisputably notable, came to me 20 years ago to see if we could work together—there were no ‘graphic designer employees’ around who had the skills. At least none that I knew of when I was 14 years old and deciding which bitmaps to light up on an eight-by-eight grid.
   There were still no such people around when I began drawing stuff for submission to ITC, or when I began drawing stuff that I digitalized myself on a hand-held scanner. I certainly couldn’t afford employees at age 21 when I asked my Mum to fork out $400 to buy me a really early version of Fontographer. And there were still no such people around when I hand-kerned 1,000 pairs into my fonts and did my own hinting. Remember, this was pre-internet, so when you’re a young guy in Wellington doing this work in isolation, you had to know the skills. I might even have those early drawings somewhere, and not that long ago I found the maths book with the bitmap grid.
   If I didn’t know about the field then I certainly would have been found out when the industry was planning QuickDraw GX and I was one of the professional typeface designers advising on the character sets, and if I didn’t know how to solve design problems, then the kerning on the highway signs’ type in this country would not comply with NZS. (The kerning is terrible, incidentally, but government standards are government standards. It was one of those times when I had to turn in work that I knew could be far, far better.) I’d also have been seriously busted by my students when I taught the first typeface design course in New Zealand.
   Every single retail release we have has been finished by me, with all the OpenType coding done by me. All the alternative characters, all the ligatures, all the oldstyle numerals and accented characters in languages I can’t begin to fathom. Latin, Cyrillic and Greek. I’ve tested every single font we’ve released, whether they are retail or private commissions.
   The only time a team member has not been credited in the usual way was with a private commission, for a client with whom I have signed an NDA, and that person is Jasper Luki, a very talented young designer with whom I had the privilege to work at the start of his career in the 2010s.
   The fact that people far, far more famous than me in the type field around the world, including in his country, come to me with contract work might suggest that, if I’m not notable, then I’m certainly dependable.
   And people wonder why I have such a low opinion of Wikipedia, where total strangers spout opinions while masquerading as experts. The silver lining is that writing the above was a thoroughly enjoyable trip down memory lane and a career that I’m generally proud of, save for a few hiccups along the way.

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Posted in design, New Zealand, technology, typography, Wellington | 1 Comment »

How Jaguar Land Rover can still win its Land Rover Defender IP case against Ineos


I haven’t read the full judgement of the Land Rover Defender case, where Jaguar Land Rover sought to protect the shape of the original Defender under trade mark law, to prevent Ineos from proceeding with the Grenadier.
   According to Bloomberg, as reported in Automotive News, ‘The judge upheld the findings by the IP Office that while differences in design may appear significant to some specialists, they “may be unimportant, or may not even register, with average consumers.”’
   On the face of it, this would appear to be a reason for upholding JLR’s claim—but the Indian-owned Midlands car maker seems to have muddled the cause of action it was supposed to have taken.
   I’ve already taken issue with its inability to protect the L538 Range Rover Evoque shape in China under that country’s laws, and while that judgement was eventually overturned in JLR’s favour, the company could have saved itself a great deal of stress had it filed its registration in time. It had been ignorant of Chinese law and wasted time and resources pursuing Ford Motor Company affiliate Landwind for its Range Rover Evoque clone, the X7. I sense Landwind could have afforded the ultimate fine.
   Here I think arguing copyright might have been a better method. The Land Rover Station Wagon shape hails from 1949, and with 75 years’ protection, the company is covered till 2024. You don’t need to show a registration, and the onus of proof, once objective similarity is found, is on the defendant. That test of objective similarity, unlike that in trade mark, is not based on what the average consumer thinks, but on what specialists think. And the scenes à faire doctrine has been adopted by precedent in the UK.
   Maybe that was the game plan all along: to fail here, and to proceed using copyright later. I’m sure the plaintiff knows this. Now, armed with the judgement’s findings—that the differences are insignificant— Jaguar Land Rover can pursue a copyright claim using these as evidence.
   To me, the Grenadier is sufficiently similar. Some point to the Puch G as another source of inspiration but I can’t see it. And since a court has ruled that they can’t see it, either, then Jim Ratcliffe and Ineos had better not break out the champagne just yet.

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Posted in business, cars, design, India, UK | No Comments »