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      03-20-2007, 09:58 PM   #1
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Thumbs up Infiniti comes up empty in court battle against BMW over letter M

Published: Saturday, March 17, 2007 | 1:28 PM ET
Canadian Press

TORONTO (CP) - BMW has prevailed over Infiniti in a court battle over the letter M.

The ruling by Federal Court Justice W. Andrew MacKay found that the use of the letter by Infiniti, the premium brand of Japanese carmaker Nissan, "in form similar to that of the plaintiffs' trademark M alone, and its use of M6 as a package for modifying one of its vehicles, cause confusion in Canada between the sources of the wares of the defendant and the wares of the plaintiffs."

BMW has been adding M badges to souped-up versions of its already high-performance cars since 1978 in Germany and 1987 in Canada, when the M6 arrived, followed by the M3, the M5 and other variants.

The German carmaker argued that these vehicles have come to be known, "particularly by auto journalists and car enthusiasts," as M cars which enhance the image and sales of the rest of its fleet.

Infiniti, meanwhile, registered M45 in 2004 and M35 in 2005 as trademarks for sedans in the middle of its range, and in some advertising has used the letter M alone. It also offered an M6 sport package for its lower-priced G35.

The judge found Nissan "liable, in damages to be determined . . . for the use of the letter M and the descriptor M6, as trademarks for automobiles, parts and accessories, which caused a likelihood of confusion between the sources of its wares and of BMW's."
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Nissan was barred from directing public attention to its products in any way likely to cause confusion.

"The defendant is also ordered to deliver to the plaintiffs or to destroy under oath, all literature, invoices, packaging, signs, advertisements, promotional or marketing material, printed or otherwise recorded, in the possession, custody or control of the defendant which may be considered to offend the injunction now granted."

Submissions will be considered later on monetary damages and legal costs.

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      03-20-2007, 10:53 PM   #2
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      03-21-2007, 12:17 AM   #3
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Awesome! I was really pissed when I first saw the ad for the M45. That's total bullshit! That is like Addidas coming out with a shoe callled the Air 2 Jordan!

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      03-21-2007, 12:43 AM   #4
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so basically it is illegal to use M names for infiniti now lol
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      03-21-2007, 12:49 AM   #5
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I guess all the M Infiniti owners will have to debadge their cars now.
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      03-21-2007, 04:24 AM   #6
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That'll show all those wannabes over at Nissan!
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      03-21-2007, 04:25 AM   #7
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      03-21-2007, 04:33 AM   #8
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find it so common for japanese auto manufacturers imitate what their German counterparts do, no matter naming, styling, and design.
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      03-21-2007, 08:28 AM   #9
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Quote:
Originally Posted by ZuerstBMW View Post
I guess all the M Infiniti owners will have to debadge their cars now.
And then burn their badges!
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      03-21-2007, 10:01 AM   #10
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Quote:
Originally Posted by m_bazeepaymon View Post
so basically it is illegal to use M names for infiniti now lol
Only illegal in Canada, I would guess.
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      03-21-2007, 10:20 AM   #11
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They aren't the only ones....
This has happened b4, & still goes on.

Look at GM's use of "G" on Pontiacs.
& IIRC BMW had a run in with Peugeot a few years ago, over the 3 series.
Peugeot had that series many years before BMW.
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      03-21-2007, 12:43 PM   #12
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HAHA too funny, will this take place in the US as well? Plus hasn't the Infiniti M been around since the late 90's? Why is this coming up now?
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      03-21-2007, 01:59 PM   #13
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hahaa.. nice.. i like i like...
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      03-22-2007, 02:39 AM   #14
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Quote:
Originally Posted by MisterBMW View Post
BMW Infiniti
+500

Anyone notice how in their commercial for the M45 they open up by saying "It ran circles around BMW..." I just laugh everytime I hear it.
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      03-22-2007, 01:39 PM   #15
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HAHAHAHAHA Nissan is stupid as hell.

Don't they also not have the domain www.nissan.com because they were too stupid and slow to buy it in advance? they keep losing court battles with 1 single individual even to get their own domain name LOL

how dumb to go agains BMW, their daddy.

try it yourself, go to nissan.com
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      03-22-2007, 01:53 PM   #16
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http://www.nissan.com/Digest/The_Story.php Lol, apparently Nissan, unhappy with their results over the M lawsuit, have decided to sue this website as well.

I thought it was so funny that I had to make an account to show you guys.
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      03-22-2007, 02:29 PM   #17
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      03-22-2007, 04:54 PM   #18
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its coming up now because of the recent denotation for Infiniti's M6 package. BMW's case for trademark infringement was likely not very strong without that very important transgression.
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      03-25-2007, 08:26 AM   #19
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Quote:
Originally Posted by ZuerstBMW View Post
I guess all the M Infiniti owners will have to debadge their cars now.
Lol
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      03-25-2007, 12:20 PM   #20
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Quote:
Originally Posted by bmwexecutive View Post
+500

Anyone notice how in their commercial for the M45 they open up by saying "It ran circles around BMW..." I just laugh everytime I hear it.
I had an M45, precisely because it did run circles around BMW 5 series.
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      03-25-2007, 06:04 PM   #21
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just saw the commercial. they use M alone and M45. idiots!!

and circles around BMW? LOL what BMW I would like to know.
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      03-26-2007, 07:56 AM   #22
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Quote:
Originally Posted by bambam View Post
just saw the commercial. they use M alone and M45. idiots!!

and circles around BMW? LOL what BMW I would like to know.
The BMW's in that market segment:

530i price for price, 545i and 550i package for package. But don't just take my word for it, read the reviews.
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