BMW’s Long March to Court
Posted by Stan on 12/01/11 • Categorized as Intellectual Property
Image via CALT - please don’t sue me.
This intellectual property case is really funky, as in “WTF is this all about?” Here are the basic facts, and then I’ll chime in with a bit of admittedly confused commentary:
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.
I didn’t know there was a China Academy of Launch Vehicle Technology (中国运载火箭技术研究院). Cool. You learn something new every day.
So it sounds like some sort of trademark infringement case. CALT apparently has the rights to a logo that was used by BMW without authorization. Case closed, yes?
These additional facts do not help at all:
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.’”
OK, first, is it the figurative “mark CZ-2F rocket” or the “figurative mark,” which is an image of the “CZ-2F rocket”? In other words, are we talking about a trademark here or is the word “mark” being used as a military-style identifier along with the number? I already have a headache.
……
http://www.chinahearsay.com/bmws-long-march-to-court/
北京市瑞中律师事务所主任、创始合伙人 邓泽敏律师
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