JLR starting its antics in the UK now. - Defender Source
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  #1  
Old February 9th, 2014, 06:58 PM
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JLR starting its antics in the UK now.

Hi chaps seems your not alone in being forced to remove trademarks from business names.
http://www.dailymail.co.uk/news/arti...-business.html

all rather sad really.
regards all
Gren
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  #2  
Old February 9th, 2014, 07:43 PM
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This has never made sense to me. Using the name "Land Rover" in the business name "Billy Bob's Land Rover Service & Repairs Inc, LLC" isn't taking anything from "Land Rover" or professing to be "Land Rover". It is telling people that they fix "Land Rovers" and not Fords, VWs or vacuums for that matter.
Would they prefer if the called it "Billy Bob's, Service & Repairs of the most unreliable vehicles of the Western Hemisphere Inc, LLC"? I'm guessing that would bring an even bigger lawsuit but hey, we need more lawyers and law schools don't we?
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  #3  
Old February 9th, 2014, 07:46 PM
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Its very unfortunate, especially since most independent shops don't have the money to pay for lawyers to combat the JLR legal team.
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  #4  
Old February 9th, 2014, 09:34 PM
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I guess this is part of the rebranding that LR is so proud of.
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  #5  
Old February 9th, 2014, 10:17 PM
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I guess this is part of the rebranding that LR is so proud of.
It is in their best interests to have people continually returning to the dealership for parts and service.
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Old February 9th, 2014, 10:51 PM
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It is in their best interests to have people continually returning to the dealership for parts and service.

So this is kind of like Apple not allowing third party developers the ability to write apps for the iPad.
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Old February 10th, 2014, 07:21 AM
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http://www.latimes.com/local/lanow/l...#axzz2svApeXUO

Someone should do this with a Land Rover shop.
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  #8  
Old February 10th, 2014, 08:52 AM
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So this is kind of like Apple not allowing third party developers the ability to write apps for the iPad.
Which I recall was exactly what happened at the launch of the iPhone.
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  #9  
Old February 10th, 2014, 09:56 AM
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Interesting. I caught a piece on PBS Business News this weekend that made me think about what LR is doing. At this stage statistics clearly suggest the middle class is falling apart. Seems all our traditional middle class retailers, hotels and restaurants are performing very poorly, whereas the high end retailers, hotels and restaurants are fairing very well. I have to assume LR has been advised odds are the traditional middle class buyer will continue to lose buying power, therefore pull away and separate yourself/rebrand.

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  #10  
Old February 10th, 2014, 10:35 AM
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Curious why vehicle sales hasn't followed this so called Middle Class crises. Vehicle sales are at an all time high as well as average transaction prices. Weren't we just commenting on how every Mary, Dick, and Jane are driving BMWs? Not just imports; I read that a full quarter of truck buyers opt for the top of the line package (Longhorn, Limited, Platinum, Denali, etc). I have a hunch....
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  #11  
Old February 10th, 2014, 10:45 AM
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"Why do businesses want to control and protect trademarks?"

http://knowledge.wharton.upenn.edu/a...moving-target/

http://www.ipo.gov.uk/types/tm/t-abo...s/t-brands.htm

This type of thing has been going on ever since the words "Intellectual" and "Property" have come together.

The amazing thing to me is that Land Rover and Jaguar have basically let all this slide for decades and just now are doing this. Most American businesses would have thrown summons at everyone in the 80's.
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Old February 10th, 2014, 11:09 AM
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Quote:
Originally Posted by sonoronos View Post
"Why do businesses want to control and protect trademarks?" http://knowledge.wharton.upenn.edu/a...moving-target/ http://www.ipo.gov.uk/types/tm/t-abo...s/t-brands.htm This type of thing has been going on ever since the words "Intellectual" and "Property" have come together. The amazing thing to me is that Land Rover and Jaguar have basically let all this slide for decades and just now are doing this. Most American businesses would have thrown summons at everyone in the 80's.
They did not own the trademark on rover until recently.
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Old February 10th, 2014, 11:27 AM
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They did not own the trademark on rover until recently.
That's interesting, Ron. I didn't know that!
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  #14  
Old February 10th, 2014, 11:41 AM
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I think it was 2008 that they had ownership of those words
I had incorporated in 2006 with the Roverlab name but the advice I received was that if I chose to do anything about it, I might have a positive outcome, but would likely be bankrupt. I gave up kinda soon after that...
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Old February 10th, 2014, 04:22 PM
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  #16  
Old February 10th, 2014, 07:10 PM
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It is not a done deal!

I was reading about this and did some gooooogling. Everyone remember Mountain Rovers? Well they got sued by JLR for the domain name and never even responded. Then it went to an arbitrator. The arbitrator ruled in favor of Mountain Rovers. Not sure it translates to a business name but I would use it for my first argument!
Seems all the other folks folded too easily but a place that was probably out of business won.

Read the whole ruling here; http://domains.adrforum.com/domains/...ns/1507702.htm

gene
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  #17  
Old February 10th, 2014, 08:10 PM
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UK and US Intellectual Property law is fairly similar with respect to descriptive fair use of a trademark.

In the US, even with Trademark Registrations for only "Land Rover" or "Range Rover" LR would have no problem proving a likelihood of confusion.

I don't know that the ROVER mark is a recent registration (as Ron said), but if so that is certainly not the reason why LR has been slow with going after unauthorized use of the ROVER or LAND ROVER mark.

LR also has had plenty of common law rights to the mark ROVER for years (this means LR would not need a registration to file suit).

These crackdowns usually come in waves. The internet makes it particularly easy for companies to find unauthorized use of their IP.

I am sure that Land Rover also pulls a good deal of counterfeit badges and stickers from eBay on a regular basis.

If the shop in the above-mentioned article were to change its name to Alan Carr Repair and beneath Alan Carr Repair add the text "We Specialize in Jaguar Servicing" the shop name would be completely acceptable. The issue is that the way his sign is worded a person could think Carr is affiliated with or endorsed by Jaguar directly. This is a problem in the eyes of Jaguar as they have no control of his shop.

Sorry for the essay! Not legal advice nor is this intended to be used as a guide for anyone trying to open a business.
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