Organisation: BMW

In <i>Bayerische Motoren Werke AG v Grandmark International</i>, the Gauteng North High Court has held that a motor vehicle part such as a bonnet is a purely functional article and, as such, cannot be filed as an aesthetic design. BMW AG had sued a spare parts manufacturer, Grandmark International, for alleged infringement of its registered designs. The judgment has a profound impact on original motor manufacturers and replacement part manufacturers alike.

11 September 2012

It has come to light that Coca-Cola in South Africa has sent a cease-and-desist letter to SodaStream, claiming that the latter had infringed its trademarks and was engaging in unfair competition. The action related to SodaStream’s use of discarded Coca-Cola containers in an outdoor marketing campaign intending to make a point about how environmentally friendly its own products are. The matter raises some interesting questions about exhaustion of rights, as well as best course of action when an offensive approach could have an adverse effect on brand perception.

03 July 2012

The concept of ‘brandless’ marketing proved of most interest to WTR’s blog readers in May. Our analysis was sparked by Ford’s new advertising campaign, which seemingly lacks any explicit reference to the brand at all, with the iconic logo and product names absent altogether.

08 June 2012

Last night, taking a short break from receptions organised by others, WTR turned host and celebrated the best in-house trademark counsel in the industry at the sixth annual Industry Awards ceremony. Among those honoured were teams from adidas, Mars and BMW, with Alan Drewsen picking up the Lifetime Achievement award.

09 May 2012

Almost 1,500 nominations and two months of extensive research later, the shortlist for this year's WTR Industry Awards can now be revealed. The awards recognise the vital work of in-house trademark counsel and identify those teams and individuals that are performing their functions to the highest standards. The winners will be announced next month at an exclusive reception in Washington DC.

19 April 2012

After winning a landmark IP case against Century Baoma in 2009 at the Hunan Supreme People’s Court, German car manufacturer BMW has won another case at the Beijing Number 2 Intermediate People's Court against a Chinese company which appears to be related to Century Baoma.

29 February 2012

The perceived difference between the top car brands and their challengers is lessening, according to new research. Focused wholly on US consumers’ brand perception, rather than automotive quality, the research highlights the challenges facing auto industry companies in differentiating their offering.

03 February 2012