Infiniti infringe on BMW's "M"
03-20-2007, 06:09 PM
#41
Pro
trade mark is important. without law, any body can sell "ipod".
Nissan existed in Japan long time ago, but probably didn't register the name in the U.S. until much later. reading the Nissan computer vs. Nissan auto story, I wonder if Nissan auto made a low offer to Nissan computer for the domain names - I'm sure Nissan computer wouldn't mind settling the case if the offer was good. After all, it's not competing in the same business.
Yeah, Infiniti can still sell M35 etc., as long as it's not M, or M3, or M6, etc. BMW can still sell Z4, as long as its not just Z. It all depends on what exactly were registered as trade marks. Infiniti tried to sue Audi for the Q trademark to no avail, as Audi uses Q7, and you can't prevent others from using one letter or number as part of their product name.
That's why it pays to be a lawyer.
I personally don't mind alphanumeric system. It can be used virtually anywhere in the world, no translation of "Accord" or "Legend" needed. When you have world wide recognition for a car, it's quite valuable.
Names like RL and TL aren't that exciting, but if the products are always top notch, people will remember. I just wish Acura had a more consistent naming system.
Nissan existed in Japan long time ago, but probably didn't register the name in the U.S. until much later. reading the Nissan computer vs. Nissan auto story, I wonder if Nissan auto made a low offer to Nissan computer for the domain names - I'm sure Nissan computer wouldn't mind settling the case if the offer was good. After all, it's not competing in the same business.
Yeah, Infiniti can still sell M35 etc., as long as it's not M, or M3, or M6, etc. BMW can still sell Z4, as long as its not just Z. It all depends on what exactly were registered as trade marks. Infiniti tried to sue Audi for the Q trademark to no avail, as Audi uses Q7, and you can't prevent others from using one letter or number as part of their product name.
That's why it pays to be a lawyer.
I personally don't mind alphanumeric system. It can be used virtually anywhere in the world, no translation of "Accord" or "Legend" needed. When you have world wide recognition for a car, it's quite valuable.
Names like RL and TL aren't that exciting, but if the products are always top notch, people will remember. I just wish Acura had a more consistent naming system.
03-20-2007, 07:39 PM
#42
Senior Moderator
Originally Posted by GunnmeTaLCURA04
I think BMW had the Z series before the Z350 Nissan. So BMW wins again.
Datsun > Nissan > BMW
03-20-2007, 08:08 PM
#43
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Originally Posted by TMQ
Infiniti tried to sue Audi for the Q trademark to no avail, as Audi uses Q7, and you can't prevent others from using one letter or number as part of their product name.
Not knowing how well the Q will be in the future for Nissan, but Nissan probably made more money off the "Q" settlement with Audi than they ever did with their current "Q".
03-20-2007, 08:59 PM
#45
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Originally Posted by CLpower
did you ever once confuse the two? They are just letters and numbers, we are running out of them to name cars. I just find it retarded 
Just another stupid move IMO by BMW, although not as bad as what they did to BMW forums in the past.
Just another stupid move IMO by BMW, although not as bad as what they did to BMW forums in the past.
I've seen the commercials that say "the new Infiniti M" and BMW never once crossed my mind.
03-21-2007, 07:29 PM
#46
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Originally Posted by JCVTLS
How is this a dumb lawsuit? They are just going after what is theirs? I am sure anyone who is on here calling this a dumb lawsuit would be very pissed if someone or something infringed on their trademark.
03-21-2007, 09:11 PM
#47
I shoot people
Originally Posted by 04EuroAccordTsx
All I know is that the J30 was a weird looking car to me.
I hated that back end... it always reminded me of a dog taking a shit....
03-21-2007, 09:12 PM
#48
I shoot people
and I think Ford sued Toyota once NOT over a letter, but I guess they thought T150 sounded way too close to F150 
03-22-2007, 08:01 AM
#49
GÜNnµ ¡Ï
Originally Posted by GreenMonster
Ah... what about the 240Z, 260Z, 280Z and Fairlady Z from back in the early 70's ?
Datsun > Nissan > BMW
Datsun > Nissan > BMW
The Z3, Z4 by BMW are knows for the Z.
When they spoke about the Nissan 240z, they said, The 240.
But you are right. I guess its just like this lawsuite on the M. BMW M series. Not like Nissan that has 1 car with the M.
ahhh who cares hahahahahha
03-22-2007, 08:07 AM
#50
I
I don't see how this is a stupid lawsuit... out of all letters and numbers, they chose to name it the "M6 sports package" I'm sure if they named it the "E55 AMG" sports package, people would start complaining.
03-22-2007, 09:30 AM
#51
Senior Moderator
I agree with the others. This is a Retarded lawsuit.
03-22-2007, 11:17 AM
#52
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Originally Posted by GunnmeTaLCURA04
This is true. But they might think the same way I think..
The Z3, Z4 by BMW are knows for the Z.
When they spoke about the Nissan 240z, they said, The 240.
But you are right. I guess its just like this lawsuite on the M. BMW M series. Not like Nissan that has 1 car with the M.
ahhh who cares hahahahahha
The Z3, Z4 by BMW are knows for the Z.
When they spoke about the Nissan 240z, they said, The 240.
But you are right. I guess its just like this lawsuite on the M. BMW M series. Not like Nissan that has 1 car with the M.
ahhh who cares hahahahahha
way wrong...where do you get your info?
Long before BMW came out with their Z3, Nissan had their 'Z' model which was referred to as the "Z". The 240z, 280zx, 300zx, etc. were ALWAYS referred to as the "Z", before BMW's Z3 or Z4 ever even existed.
03-22-2007, 11:23 AM
#53
I shoot people
Originally Posted by mrdeeno
way wrong...where do you get your info?
Long before BMW came out with their Z3, Nissan had their 'Z' model which was referred to as the "Z". The 240z, 280zx, 300zx, etc. were ALWAYS referred to as the "Z", before BMW's Z3 or Z4 ever even existed.http://www.youtube.com/watch?v=gppcC9sLMI4
03-22-2007, 11:28 AM
#55
Senior Moderator
Originally Posted by CLpower
benz was around first 
03-22-2007, 11:30 AM
#56
Senior Moderator
Originally Posted by BoostedJack
Yeah I remember watching the Infiniti commercial "The whole new M"... I was like "WTF...it's not a freaking BMW you morons"
I'm glad the ruling went to BMW.........
I'm glad the ruling went to BMW.........
03-22-2007, 11:31 AM
#57
I shoot people
Originally Posted by srika
me too. infiniti sucks!
and 
03-22-2007, 11:32 AM
#58
Senior Moderator
Originally Posted by GreenMonster
Ah... what about the 240Z, 260Z, 280Z and Fairlady Z from back in the early 70's ?
Chevy > Datsun > Nissan > BMW
Chevy > Datsun > Nissan > BMW
has everyone forgotten about teh Z28?????? c'mon now.
03-22-2007, 11:39 AM
#59
I shoot people
you're right...
Z28 introduced in 66'
240z introduced in 70'
Z28 introduced in 66'
240z introduced in 70'
03-22-2007, 12:36 PM
#60
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its a dumb lawsuit but bmw does have a point...infiniti shouldn't have been advertising "the all new M" ....if infiniti just said m35 or m45 instead of just saying M there prolly wouldn't have been a lawsuit
03-22-2007, 12:56 PM
#61
Senior Moderator
It is not a dumb lawsuit. The "M" moniker has been a hallmark of BMW since the 80's. It's so eponymous with BMW that it should be a trademark. Inifinifiti has no right to use it in the manner they are using it. Especially since their cars are nowhere near the performance levels of BMW M's. Of course that is gonna change soon....
Last edited by srika; 03-22-2007 at 12:59 PM.
03-22-2007, 01:14 PM
#62
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Originally Posted by srika
Especially since their cars are nowhere near the performance levels of BMW M's.
03-22-2007, 01:16 PM
#63
Senior Moderator
Originally Posted by MaximaPower
performance of a car has nothing to do with a trademark...i still think the letter "M", as used by bmw, is more of a trim level...but infiniti shouldn't have advertised the way they did
03-22-2007, 01:40 PM
#65
Senior Moderator
because people might buy the Infiniti M thinking it might perform as well as a BMW M. 
its just wrong dagnabbit, just wrong. 
its atrocious.. its sacrilege! an abomination.
its just wrong dagnabbit, just wrong. its atrocious.. its sacrilege! an abomination.
03-22-2007, 01:43 PM
#66
Burn some dust here
Alright, real quick question (and answer honestly).....when someone is talking about cars (in general) and then says the phrase "M," what is the first thing that comes to mind?
03-22-2007, 01:49 PM
#67
Senior Moderator
BMW 
03-22-2007, 01:52 PM
#68
Senior Moderator
Originally Posted by cob3683
Alright, real quick question (and answer honestly).....when someone is talking about cars (in general) and then says the phrase "M," what is the first thing that comes to mind?
BMW.
03-22-2007, 01:53 PM
#69
Senior Moderator
Originally Posted by srika
because people might buy the Infiniti M thinking it might perform as well as a BMW M. its just wrong dagnabbit, just wrong. its atrocious.. its sacrilege! an abomination.
its just wrong dagnabbit, just wrong. its atrocious.. its sacrilege! an abomination.
03-22-2007, 01:59 PM
#70
Senior Moderator
4 realz????
03-22-2007, 09:57 PM
#72
One on the right for me
Originally Posted by cob3683
Alright, real quick question (and answer honestly).....when someone is talking about cars (in general) and then says the phrase "M," what is the first thing that comes to mind?
M what?
03-23-2007, 01:31 AM
#73
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Originally Posted by srika
youre absolutely wrong.
Originally Posted by srika
because people might buy the Infiniti M thinking it might perform as well as a BMW M.
ppl loooking to buy a BMW M know what the hell they are buying and would never mistake it for another car
03-23-2007, 04:49 AM
#74
Senior Moderator
Originally Posted by MaximaPower
ppl loooking to buy a BMW M know what the hell they are buying and would never mistake it for another car
03-23-2007, 09:37 AM
#76
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Originally Posted by srika
because people might buy the Infiniti M thinking it might perform as well as a BMW M.
that's retarded
03-23-2007, 11:14 AM
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Originally Posted by MaximaPower
and u're right bcause...???
why would ppl buy a car from one car company and expect it to perform like a car of a another company?
ppl loooking to buy a BMW M know what the hell they are buying and would never mistake it for another car
why would ppl buy a car from one car company and expect it to perform like a car of a another company?
ppl loooking to buy a BMW M know what the hell they are buying and would never mistake it for another car
I sure hope someone spending $40k+ on a car knows what brand he or she is buying from.
even paris hilton wouldn't be confused which "M" she was buying.
03-23-2007, 12:02 PM
#78
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What a dumb fuckin lawsuit. The lawyers for BMW need to get off the "high and mighty" pedestal. Gotta love a country where you can sue anyone for anything. Ironic: I hate lawyers, and my mother is one. lol
03-23-2007, 02:16 PM
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there does NOT need to be any real actual cases of confusion between the 2 brands for infringement to occur. The mere fact that there is a possibility of confusion is enough to prove infringement.
If BMW advertised their M cars as "M", and infiniti starts advertising their cars as just "M", even if every single person in the world knew at all times which "M" the ads were talkign about, the mere fact that there is possible confusion means there is infringement.
I can say, 'I drive an M' to someone i just met. He will think BMW. I can say 'I drive an M' to someone else 5 minutes later, and he will think Infiniti. BMW did not sue because Infiniti has an "M" series or an "M35" or an "M45" or an "M6" package. BMW sued because Infiniti used "M" and/or "M6" in an ambiguous manner that creates the POTENTIAL for confusion: "The new M" or "...available with M6 package" or something similar.
If you open up a pizza restaurant called "Mike's Pizza" and someone else opens up a "Mike's Pizza" down the block afterwards, he is infringing on your trademark. Everyone may know that "Mike's Pizza" down the block sucks, so everyone goes to your shop (no actual cases of confusion), but as long as there is the possibility, he is infringing on your trademark.
If BMW advertised their M cars as "M", and infiniti starts advertising their cars as just "M", even if every single person in the world knew at all times which "M" the ads were talkign about, the mere fact that there is possible confusion means there is infringement.
I can say, 'I drive an M' to someone i just met. He will think BMW. I can say 'I drive an M' to someone else 5 minutes later, and he will think Infiniti. BMW did not sue because Infiniti has an "M" series or an "M35" or an "M45" or an "M6" package. BMW sued because Infiniti used "M" and/or "M6" in an ambiguous manner that creates the POTENTIAL for confusion: "The new M" or "...available with M6 package" or something similar.
If you open up a pizza restaurant called "Mike's Pizza" and someone else opens up a "Mike's Pizza" down the block afterwards, he is infringing on your trademark. Everyone may know that "Mike's Pizza" down the block sucks, so everyone goes to your shop (no actual cases of confusion), but as long as there is the possibility, he is infringing on your trademark.