Infiniti infringe on BMW's "M"
03-23-2007, 02:35 PM
#81
Senior Moderator
Originally Posted by Maximized
A lot of people that have posted in this thread need to take a basic business class.
03-23-2007, 03:20 PM
#82
Burn some dust here
Originally Posted by mrdeeno
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.
03-23-2007, 04:39 PM
#83
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Originally Posted by F23A4
A lot of people here (myself included) have grown weary of how litigious we have become as a society.
03-23-2007, 05:45 PM
#84
Senior Moderator
Originally Posted by CLpower
how is he?
03-23-2007, 05:47 PM
#85
Senior Moderator
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
03-23-2007, 05:47 PM
#86
Senior Moderator
Originally Posted by CLpower
that's retarded
03-23-2007, 05:48 PM
#87
Senior Moderator
Originally Posted by Maximized
A lot of people that have posted in this thread need to take a basic business class.
03-23-2007, 05:52 PM
#88
Senior Moderator
Originally Posted by mrdeeno
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.
Last edited by srika; 03-23-2007 at 05:54 PM.
03-23-2007, 07:15 PM
#89
I shoot people
Originally Posted by Maximized
If YOU invented something that made YOU hundreds of millions of dollars and a competitor came out with a near identical product using the same name (or likeness), what would you do? Be real here, you'd sue the company to protect your investment.
Oh brother
I hate it when I get confused between a M5 or M45, happens all the time... I have to do a double take
all I know is... there are only 26 letters in the alphabet... give me a break.
it's NOT like a combo. of letters like the "AMG" or something... I mean... what about the "GT"? Or "S"? Or "R"? What about the "GTO" between Pontiac and Farrari?
In fact, my neighbor just named their child "David" which is MY dad's name... maybe I should sue them? Cuz, I don't wanna get confused with their kid and my dad...
03-23-2007, 07:19 PM
#90
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Originally Posted by is300eater
Oh brother
I hate it when I get confused between a M5 or M45, happens all the time... I have to do a double take
all I know is... there are only 26 letters in the alphabet... give me a break.
it's NOT like a combo. of letters like the "AMG" or something... I mean... what about the "GT"? Or "S"? Or "R"? What about the "GTO" between Pontiac and Farrari?
In fact, my neighbor just named their child "David" which is MY dad's name... maybe I should sue them? Cuz, I don't wanna get confused with their kid and my dad...
03-23-2007, 07:23 PM
#91
I shoot people
Originally Posted by Maximized
Again, you simply don't know the law nor business. I guess I will create a MP3 player and call it the JPod
03-23-2007, 07:31 PM
#92
I shoot people
Originally Posted by Maximized
Again, you simply don't know the law nor business. I guess I will create a MP3 player and call it the JPod
03-23-2007, 08:21 PM
#93
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Originally Posted by is300eater
In fact, my neighbor just named their child "David" which is MY dad's name... maybe I should sue them? Cuz, I don't wanna get confused with their kid and my dad...
1) is your dad a product or business that someone wants to buy?
2) does your neighbor's kid being named 'david' mean that someone who wants to buy your dad will end up buying or obtaining services from your neighbor's kid instead?
3) is your dad and your neighbor's kid a similar product or service?
I am guessing no, no, and no.
Your analogy has NOTHING to do with what this case is about.
The case is about Infiniti using "M" in their ads to sell a product, not "M35", not "M45", not even "M-series"...just "M" by itself.
BMW already trademarked the use of "M" and has the right to use it in ads to sell a similar product.
If the products are totally different like the Gillette "M" powered razor or whatever, then there is no infringement. but because both are car companies, and both want to use the same letter to MARKET their own cars, the owner of the trademark gets dibs.
it is NOT about who can or cannot use M in combination with other letters or numbers to denote car models. It is about the use of "M", by itself, in marketing material and ads to sell cars.
If your dad sold a product called "David's", and the neighbor's kid started selling a product with similar purpose called "David's" in your dad's market region, then yes, your dad has a right to sue him for use of the name TO SELL A LIKE PRODUCT. but your dad only being named "David" and your neighbor's kid being named "David" has squat to do with trademark infringement.
03-23-2007, 08:30 PM
#94
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Originally Posted by is300eater
why doesn't Apple go after ALL those aftermarket products/accessories with "i" in front of it?
apple doesn't own the trademark to every word with "i" in front of it.
"pod" probably isn't trademarked by apple, but the use of a letter in front of "pod" to sell a product of similar purpose to the ipod (another mp3 player) is and obvious attempt to capitalize on apple's trademarked "ipod" to sell your mp3 player.
if you want to sell hotdogs or burritos or whatever else called "jpod", apple would have no problem.
03-23-2007, 08:36 PM
#95
Senior Moderator
^^^^ thanks for the only rational reasoning in this thread. hence, the reason why BMW won this in court.
BMW 1
Inifiniti 0
sorry, drive threw (sic), you lost.
let's party! lol
BMW 1
Inifiniti 0
sorry, drive threw (sic), you lost.
let's party! lol
03-23-2007, 08:47 PM
#96
I shoot people
Originally Posted by mrdeeno
like Maximized said, you obviously don't know anything about business or law or the purpose and application of trademark laws.
1) is your dad a product or business that someone wants to buy?
2) does your neighbor's kid being named 'david' mean that someone who wants to buy your dad will end up buying or obtaining services from your neighbor's kid instead?
3) is your dad and your neighbor's kid a similar product or service?
I am guessing no, no, and no.
Your analogy has NOTHING to do with what this case is about.
The case is about Infiniti using "M" in their ads to sell a product, not "M35", not "M45", not even "M-series"...just "M" by itself.
BMW already trademarked the use of "M" and has the right to use it in ads to sell a similar product.
If the products are totally different like the Gillette "M" powered razor or whatever, then there is no infringement. but because both are car companies, and both want to use the same letter to MARKET their own cars, the owner of the trademark gets dibs.
it is NOT about who can or cannot use M in combination with other letters or numbers to denote car models. It is about the use of "M", by itself, in marketing material and ads to sell cars.
If your dad sold a product called "David's", and the neighbor's kid started selling a product with similar purpose called "David's" in your dad's market region, then yes, your dad has a right to sue him for use of the name TO SELL A LIKE PRODUCT. but your dad only being named "David" and your neighbor's kid being named "David" has squat to do with trademark infringement.
1) is your dad a product or business that someone wants to buy?
2) does your neighbor's kid being named 'david' mean that someone who wants to buy your dad will end up buying or obtaining services from your neighbor's kid instead?
3) is your dad and your neighbor's kid a similar product or service?
I am guessing no, no, and no.
Your analogy has NOTHING to do with what this case is about.
The case is about Infiniti using "M" in their ads to sell a product, not "M35", not "M45", not even "M-series"...just "M" by itself.
BMW already trademarked the use of "M" and has the right to use it in ads to sell a similar product.
If the products are totally different like the Gillette "M" powered razor or whatever, then there is no infringement. but because both are car companies, and both want to use the same letter to MARKET their own cars, the owner of the trademark gets dibs.
it is NOT about who can or cannot use M in combination with other letters or numbers to denote car models. It is about the use of "M", by itself, in marketing material and ads to sell cars.
If your dad sold a product called "David's", and the neighbor's kid started selling a product with similar purpose called "David's" in your dad's market region, then yes, your dad has a right to sue him for use of the name TO SELL A LIKE PRODUCT. but your dad only being named "David" and your neighbor's kid being named "David" has squat to do with trademark infringement.
good for BMW...
03-24-2007, 07:57 PM
#100
Senior Moderator
Originally Posted by Maximized
If YOU invented something that made YOU hundreds of millions of dollars and a competitor came out with a near identical product using the same name (or likeness), what would you do? Be real here, you'd sue the company to protect your investment.
03-24-2007, 09:11 PM
#101
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Nissan sued saying that "Z3" is too close to "300Z", but i think they lost because they waited too long to file (the Z3 production started mid-90's, the lawsuit didn't occur until when the Z4 was introduced).
But that lawsuit is different from this one. Nissan wanted to stop BMW from using Z3 or Z4 as the name of the car completely. BMW did not sue Infiniti to stop using "M35" or "M45" as the name of a car. They sued to stop infiniti from referring to the M35 or M45 in ads and brochures as the "M".
03-25-2007, 07:56 AM
#102
Senior Moderator
Originally Posted by mrdeeno
it was already done in 2002.
Nissan sued saying that "Z3" is too close to "300Z", but i think they lost because they waited too long to file (the Z3 production started mid-90's, the lawsuit didn't occur until when the Z4 was introduced).
But that lawsuit is different from this one. Nissan wanted to stop BMW from using Z3 or Z4 as the name of the car completely. BMW did not sue Infiniti to stop using "M35" or "M45" as the name of a car. They sued to stop infiniti from referring to the M35 or M45 in ads and brochures as the "M".
Nissan sued saying that "Z3" is too close to "300Z", but i think they lost because they waited too long to file (the Z3 production started mid-90's, the lawsuit didn't occur until when the Z4 was introduced).
But that lawsuit is different from this one. Nissan wanted to stop BMW from using Z3 or Z4 as the name of the car completely. BMW did not sue Infiniti to stop using "M35" or "M45" as the name of a car. They sued to stop infiniti from referring to the M35 or M45 in ads and brochures as the "M".
LINK?
Back on topic, interesting Detroit Free Press article from 2005 with a laudable conclusion. LINK
03-25-2007, 10:24 AM
#103
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Originally Posted by F23A4
LINK?
Back on topic, interesting Detroit Free Press article from 2005 with a laudable conclusion. LINK
Back on topic, interesting Detroit Free Press article from 2005 with a laudable conclusion. LINK
but trust me, they already sued over the Z.
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