STATEMENT OF THE CASE
A. Statement of Facts Plaintiff Automobili Lamborghini S.p.A. (Lamborghini) and Defendant, American Expedition Vehicles, Inc. (Defendant) are both automobile manufacturing companies that produce high performance vehicles. J.A. at 2. Volkswagen Group owns Lamborghini through its subsidiary, Audi. J.A. at 15. Defendant purchases Jeep Wranglers from the Chrysler Group and customizes them with accessories. J.A. at 25. Starting in 2015, dealerships reported to Lamborghini that they have received phone calls from individuals who expressed confusion over whether a Defendant vehicle was produced by Lamborghini. J.A. at 19. The first caller, a previous Lamborghini owner, expressed confusion over the source of the vehicle
…show more content…
J.A. at 17. Lamborghinis appeared in other popular TV shows and movies, such as: The Dark Knight Rises, Zero Dark Thirty, Date Night, CSI, Burn Notice, The Mentalist, and is the main character in the upcoming Transformers 4 movie. Id. Below are pictures of Lamborghinis in a Transformers 4 promotion and at the 2015 Auto Show. J.A. at 80, 84. Lamborghini provides vehicles that are primarily used for high-speed races or sleek, leisurely drives. J.A at 12. Defendant purchases Jeep Wrangles from the Chrysler Group and customizes them with accessories that their customers choose. J.A. at 25. Defendant’s vehicles cost up to $200,000, depending on the upgrades and accessories the customer wants. J.A. at 26. Lamborghini’s vehicles range from $171,000 to around $400,000, but it cost more if the customer wants extra features. J.A. at 13.
B. Procedural History This case involves one automobile manufacturing company suing another car automobile manufacturing company for trademark infringement, specifically likelihood of confusion. In 2015 and early 2016, some of Lamborghini’s customers expressed confusion over whether the company produced all-terrain vehicles after the customers saw the mark on a car manufactured by Defendant. J.A. at 19. On September 1, 2016, Lamborghini filed a complaint seeking an injunction under the Lanham Act, 15 U.S.C. §1114(1)-(2)(A) (2012), alleging Defendant’s trademark
Nissan GT-R R35 is the one of the cheaper supercars anyone can buy. The 2015 GT-R is listed as low as $101,770 which is a lot less than your average Lamborghini or Ferrari. Brand new Lamborghini’s usually start at around $191,900 - $259,100 this making a huge difference. As also, the Ferrari 458I coming in at a price of $233,509. The GT-R defeating both of these cars in the a quarter mile race. There are many more cars than just these two such as the Audi R8. The GT-R is a regular street-legal coupe with a V6 engine twin turbo car, yet it can accelerate from 0 to 60 mph in 2.8 seconds. Helping it able to do this is its 6-speed dual clutch automated manual transaxle clutch. The GT-R is an all-around better car for its speed and price. The Nissan GTR-R35 is one of the best super cars to buy, beating better rival cars and the cost being a huge deficit.
$ 57.14 million in one year from sales in U.S. The defendant may raise the fact that the plaintiff’s sale figure represents worldwide sales and
Thus, the Federal Circuit will uphold the Trademark Trial and Appeal Board’s factual findings, unless they are unsupported by substantial evidence. Questions of fact include whether a trademark is descriptive ; whether a trademark is generic ; whether a trademark has been abandoned ; and whether a trademark has acquired inherent distinctiveness . To the contrary, legal conclusions by the Trademark Trial and Appeal Board are reviewed by de novo. The overall legal conclusion of a likelihood of confusion is a legal determination that is reviewed de novo. This legal determination is based on underlying factual findings of the Board’s application of some or all of the thirteen factors set forth in In re E.I. DuPont DeNemours & Co., 476 F.2d 1357 (CCPA 1973). These factual findings will be evaluated under a substantial evidence standard of review. Thus, the Federal Circuit will uphold the Trademark Trial and Appeal Board’s factual findings, unless they are unsupported by substantial evidence. Although the DuPont factors are reviewed for substantial evidence, the Trademark Trial and Appeal Board’s overall determination of likelihood of confusion is reviewed without
It was found that the mere use of the work “hog,” regardless of how it is displayed, cannot be said to be a cause of customer confusion, unless the defendant uses the term in conjunction with the name “Harley-Davidson” or other Harley-Davidson trademarks.
One of the major issues mentioned in the case is about corporate social responsibility. Dentex Corporation came up with the styling new line of car, Rento. It was considered as a rushed project, thus they skipped
National Business Forms & Printing, INC. located in Navasota, Texas; is a printing commercial business that sells signs, stickers, banners, and other printing goods. NBFP’s main services are offered through two online websites. National Business Forms & Printing sold to affiliated and nonaffiliated customers, using several logos of known car dealerships. One of those dealerships was Ford Motor Company (Ford). Ford was not complied with NBFP doing business with its logo, and as a result sent NBFP a “cease-and desist letter.” In such letter, Ford demanded NBFP to pay $5000 for damages and to stop commercializing with the Fords Logo. Instead of abiding to Ford’s demand, NBFP decided to sue Ford in a Texas State Court looking for a “declaration”. Ford, on the other hand, countersued NBFP in the U.S. District Court of Southern District of Texas. Ford alleged that NBFP committed trademark infringement, counterfeit of Ford’s product (logo), and “false designation”. The U.S District Court of Texas separated Ford’s claims into four categories. First, NBFP’s advertising material for Ford’s associated dealers. Second, advertising material for “independent dealers;” third, a custom logo made by NBFP using an oval similar that stated “NO BIG 3 BAILOUT;” fourth, remaining products that NBFP sold that could be connected to Ford. The District court denied judgment as a matter of law on the first three categories. On the other hand, it allowed judgment on the fourth
Ronald Grottanelli appeals the judgment of the District Court for the Western District of New York in a suit brought forward by Harley-Davidson, Inc. The judgment prohibits Grottanelli from using the word “hog” in reference to some of his products and services. Moreover, it restricts Grottanelli from using his logo modeled on Harley-Davidson's bar-and-shield design mark, but the verdict allows him to continue using the mark “THE HOG FARM” to mark his motorcycle service business in a restricted geographic area. Following this, Harley-Davidson cross-appeals and argues that the Court should farther limit the geographic area where Grottanelli may use the mark “THE HOG FARM.”
Nemet Chevrolet, Ltd. V. Consumeraffairs.com, Inc was a case documented in the US court of Appeals, Fourth Circuit in 29th December 2009. Consumeraffairs.com claimed a gathering for clients to give criticism and surveys to organizations and items. Clients of the web had given false claims that Nemet Chevrolet, the offended party had given utilized autos that were blemished. Nemet Chevrolet went to court with affirmations that Consumeraffairs had requested posts from its clients and place them in particular classifications in the wake of altering them. The lower court held that this conduct would not have expelled Consumeraffairs from CDA 230 insusceptibility since it doesn't transform them into a substance maker (Cato
The branded product at the heart of the SLP is the Ford Mustang. The Mustang was first introduced in 1964 and has become one of Ford's most iconic brands (Damian, 2006). Automobiles in general are a good subject for the study of branding because the car itself changes every year, but the brand does not. Over time, specific brands become associated with particular attributes, in terms of product category, positioning, price, and in the case of cars their styling, design and the lifestyle attributes that are associated with that vehicle. The Mustang has gone through roughly five iterations, and is currently in its fifth generation (Markus, 2010).
Recently, the U.S. Court of Appeals for the Ninth Circuit held that liability for trademark infringement could apply if a jury finds that an online retailer’s search results creates a likelihood of consumer confusion.
Behind every successful story, there is a painful story. The 1967 Lamborghini Miura P400 needed some clutch and bake repair in the late '80s. Unfortunately, the repair coincided with the death of his mother, and so the car ended up in the barn for the next 25 years. During an interview with Petrolicious, the current owner admitted that the initial owner of the Lamborghini was his grandmother’s cousin, who drove,
On 29 October 2007, the plaintiff sent the defendant a “cease and desist” letter claiming that the defendant had created infringement of the plaintiff’s rights as the defendant had used an offending mark. The defended denied that they have infringed the plaintiff’s trade mark rights and rejected the plaintiff’s demands.
The amount of cash that Ford is carrying on its balance sheet is too much considering that additional money not used for the advancement of the company belongs to the owners of the firm, the shareholders. Having too much cash on its balance sheet will be a disincentive to Ford’s employees who consequently will feel not feel an urgency to perform and add value to the company. Notwithstanding the fact that the company is always on the lookout for acquisition targets even after already purchasing Jaguar Cars, Volvo Cars, and Land Rover in the past ten years, it is imperative that the company does not engage in such activities for the sole purpose of “empire
The Project assigned to me was “A STUDY ON CUSTOMER SATIAFACTION TOWARDS MAHINDRA&MAHINDRA VICHELES (APR)GAYA
This work is done to study the improvement of the quality in automobile industry. This chapter consists three sections named as “Problem definition”, “Objectives” and “Methodology of the study” respectively. The section 3.1 named as “Problem definition” describes the challenge or difficulty that is to be solved. The solution may be achieved after fulfilling the objective by using some sub-objectives that are described in section 3.2 named as “Objectives”. The methodology described in section 3.3 in details. This methodology has been devised keeping in mind the view of “Problem definition” and the “Objectives” that are suggested for the fulfilment of the solution for the problem.