Rocket maker takes BMW to court
Global Times | November 25, 2011 01:48
By Wei Na Share
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The China Academy of Launch Vehicle Technology (CALT) is suing BMW China for allegedly using images of the Long March rocket in advertisements without permission.
The case opened in the Fengtai district court Wednesday.
BMW China could not be reached for comment on Thursday, andBeijing Junhe Law Firm, its legal representation, refused to comment.
According to the court, CALT filed the lawsuit alleging BMW used its figurative mark CZ-2F rocket in an advertisement in Vistastory magazine in 2010. The academy is asking for 100,000 yuan ($15,708) in compensation.
"CZ-2F rocket’s image is well-known for being designed to launch the Shenzhou spaceship and Tiangong-1," saidDeng Zemin, the lawyer representing CALT. "Clearly BMW used the fame of the rockets to promote their products and increase their market influence without approval, which constitutes ’unfair competition.’"
"The slogan ’BMW: experience the passion while improving our society,’ copied an idea on CALT’s website reading ’rocket boosters help China take off,’" Deng told the Global Times. "It also implies the company has something to do with the launch. It’s totally inappropriate."
BMW argued, since the Long March rocket family has been launched more than 100 times, the images in the advertisement are considered public domain, according to a court press release.
"In court, BMW claimed ’as an incredibly famous automotive brand, it’s unnecessary for the company to use CALT’s trademark to boost its image to a new level,’" said Liang Daijie, a public relations officer with the court.
"They are asking the court to reject the tort from CALT," Liang told the Global Times.
CALT also sued milk producer Mengniu Dairy Group for 500,000 yuan in compensation after they said it illegally used the Long March CZ-3C on the packages of their products. The case has yet to open.
CALT has taken others to court before for similar reasons.
Last December, Beijing Huaqi Information Digital Technology, was sued by CALT for using its Shenzhou spaceship image in one of its advertisements. The court ordered Huaqi to pay 100,000 yuan in compensation.
http://www.globaltimes.cn/NEWS/tabid/99/ID/685719/Rocket-maker-takes-BMW-to-court.aspx
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