I havenât 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, âThe judge upheld the findings by the IP Office that while differences in design may appear significant to some specialists, they âmay be unimportant, or may not even register, with average consumers.ââ
On the face of it, this would appear to be a reason for upholding JLRâs claimâbut the Indian-owned Midlands car maker seems to have muddled the cause of action it was supposed to have taken.
Iâve already taken issue with its inability to protect the L538 Range Rover Evoque shape in China under that countryâs laws, and while that judgement was eventually overturned in JLRâs 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 yearsâ protection, the company is covered till 2024. You donât 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 Ă 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. Iâm sure the plaintiff knows this. Now, armed with the judgementâs findingsâthat the differences are insignificantâ 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 canât see it. And since a court has ruled that they canât see it, either, then Jim Ratcliffe and Ineos had better not break out the champagne just yet.
Posts tagged ‘Jaguar Land Rover’
How Jaguar Land Rover can still win its Land Rover Defender IP case against Ineos
09.08.2020Tags: 2020, car, car design, car industry, copyright, copyright law, Ineos, intellectual property, IP, Jaguar Land Rover, Jim Ratcliffe, Landwind, law, Tata, UK
Posted in business, cars, design, India, UK | No Comments »
New Land Rover Defender takes Autocade to 17 million page views
30.09.2019Looking at the stats, I can predict that Autocade will comfortably serve its 17 millionth page view in the first week of October 2019.
The growth in page numbers has slowed compared to the first few years, though it is continuing. At the time of writing, itâs at 3,884 model pages, with the new Land Rover Defender (and the correct cubic capacities of the JLR Ingenium engines, natch) making it into Autocade.
We havenât cracked three months per million views yet, but having another period on four is still pretty rewarding, given the relatively few additions weâve made since June. At the time of the last blog post on this subject in June, we had 3,813 entriesâso weâve only increased by 71. We’d have to credit search engine results and regular readers over the growth of the database. For those few other than me who care about these numbers:
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)
Tags: 2019, Autocade, cars, Jaguar Land Rover, JY&A Media, Land Rover, publishing, statistics, Tata
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There can be only one, unless you forget to register your design: the Range Rover Evoque and the copycat Landwind X7
21.04.2015
The stunning original: the Range Rover Evoque.
There has been a lot of ongoing press about Landwindâs copy of the Range Rover Evoque (a road test of the Evoque comes next week in Lucire, incidentally), one of my favourite Sloane Ranger SUVs. Thereâs no way Landwind would have come up with the design independently, and, if put before most occidental courts, there would be a finding in favour of the Indian firm.
People are right to be upset, even in China, which has plenty of firms these days that spend millions on developing a new car and hiring the right talent. The days of SEAT Ibiza and Daihatsu Charade rip-offs are not completely gone, but if you read the Chinese motoring press, the journalists there are as condemning of copies as their colleagues everywhere else.
The impression one gets in the west is that this is par for the course in China in 2015, even though it isn’t. While there have been firms that have gone from legitimate licensing to copying (Iâm looking at you, Zotye and Yema), the reverse has tended to be the case in the Middle Kingdom.
The latest article on the Landwind X7 appears in Haymarketâs Autocar, a magazine Iâve taken since 1980. I even think Autocar is being overly cautious by putting copy in quotation marks in its headline. Itâs a copy, and thatâs that.
Landwind has maintained that itâs had no complaints from Jaguar Land Rover, while JLR CEO Ralf Speth says he will complain. Considering itâs been five years since the Evoque was launched, and news of the copy, and Landwindâs patent grant from 2014, has been around for a while, then saying you will complain in 2015 seems a little late.
In fact, itâs very late. What surprises me is that this is something already known in China. Iâm not the most literate when it comes to reading my first language, but as I understand it, a firm that shows a product in China at a government-sponsored show, if it wishes to maintain its ânoveltyâ and prevent this sort of piracy from taking place, must register it within six months, under article 24 of Chinaâs patent law:
Within six months before the date of application, an invention for which an application is filed for a patent does not lose its novelty under any of the following circumstances:
(1) It is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese Government;
(2) It is published for the first time at a specified academic or technological conference; and
(3) Its contents are divulged by others without the consent of the applicant.
The Evoque was shown at Guangzhou at a state-sanctioned motor show in December 2010, which meant that Jaguar Land Rover had until June 2011, at the outside, to file this registration. JLR reportedly missed the deadline [edit: with the patent office receiving the application on November 24, 2011].
The consequence of missing the period is that an original design becomes an âexisting designâ. While itâs not entirely the end of the road for Jaguar Land Rover in terms of legal remedies, it is one of the quirks of Chinese intellectual property law, which, sadly, is not as geared to protecting authors as it is in the west.
The approach one would have in, say, a common law jurisdiction, to prove objective similarity in the cases of copyright (and, as I understand it, a similar approach under patent), does not apply there. (Incidentally, this approach is one reason BMW could not have won against Shuanghuan for its CEO, which is usually mentioned by Top Gear watchers as an X5 copy. Look more closely and the front is far closer to a Toyota Land Cruiser Pradoâs, and thereâs neither a kidney grille nor a Hofmeister-Knick. Itâs a mess, but Shuanghuan could easily argue that it picks up on period SUV trends, like the triangular sixth light found on an Opel Astra is part of a 2000s ĂŚsthetic for hatchbacks.)
If you go back to November 2014, the South China Morning Post reported on this matter, again quoting Dr Speth in Autocar.
Heâs found it ‘disappointing’ for a while, it seems, but back in 2014 there was no mention of going after Landwind. An A. T. Kearney expert backs him up, saying, â⌠copying by Chinese original equipment manufacturers is still possible and accepted in China.â Itâs increasingly unacceptable, but, there are loopholes.
Iâm not arguing that this is right, nor do I condone the X7, but you do wonder why JLR hasn’t taken action. The above may be why JLR has stayed silent on the whole affair.
This is why I read nothing on any action being taken by JLR when the Landwind was first shown, when a patent was granted (a year ago this month), or when the X7 was last displayed at a Chinese motor show.
The SCMP piece is a much fairer article, noting that Chinese car makers have become more sophisticated and invested in original designs. It also notes that consumers are divided: while some would love to have the copy, another felt âashamed about Landwind,â points usually ignored in the occidental media.
Land Rover has traditionally been swift in taking on copycats, and it had fought Landwindâs EU trade mark registration in 2006. This firm is known to them.
Landwind, meanwhile, has a connection to previous Land Rover owner Ford, through Jiangling, which has a substantial Ford shareholding. Could some pressure be brought through Ford?
For now, Jaguar Land Roverâs trouble with its patent registration has yet to make it into the western media. It’s doubtful that state media have ganged up on Jaguar Land Rover, considering it has a partnership with Chery, and invested in a new plant in Changshu. It really needs to be asking its lawyers some serious questions.
Tags: 2010, 2010s, 2011, 2014, 2015, Autocar, automotive industry, BMW, car, cars, Changshu, Chery, China, consumer behaviour, design, Ford, Guangzhou, India, intellectual property, IP, Jaguar Land Rover, Jiangling, Landwind, law, media, Ralf Speth, Range Rover, Shuanghuan, South China Morning Post, Tata, UK
Posted in business, cars, China, design, general, India, media, UK | 4 Comments »