In January 2016, after 67 years, Jaguar Land Rover (JLR), owned by Indian company Tata, completed production of the iconic four-wheel drive vehicle and enjoyed Land Rover Defender. The first Defender, also known as the Land Rover Series, began selling in 1949 in post-war Britain. The intended use for agricultural purposes. The design similar to the World War II Jeep Willy (manufactured through Willys-Overland Motors). In its 67-year history, Land Rover Series and Defender cars have allegedly sold just over two million cars. It is attractive to note that in its early days in 1949, the Land Rover series was the first mass-produced four-wheel drive car produced in series with doors.
The Defender has a lot of fans. One of those Defender enthusiasts is a British billionaire, Sir Jim Ratcliffe. Dissatisfied with the defender’s loss, he tried to buy the Ombudsman’s old production line, but JLR refused. For example, Sir Jim Ratcliffe set up a company, Ineos Automotive, to mass produce his own edition of the Defender, the Grenadier.
The Grenadier is designed with the Defender in mind. Sir Jim Ratcliffe stated that the JLR Defenders met the Defender’s original criteria as “work-addicted” vehicles. He told the UK’s Daily Telegraph that he would build “his non-secular successor” to the Defender.
According to AutoWeek.com, the Grenadier “… has a number of design elements related in particular to Land Rover.”
Ineos’ head of design, Toby Ecuyer, spoke to AutoWeek.com …
“The simple summary. We set out to design a modern, functional and high-performance 4×4 vehicle with the application at the heart. An easy-to-read design, unambiguously about the role of grenadier in life. There to do everything you need and nothing you don’t have. Nothing’s for the show. Modern engineering and production techniques ensure that the Grenadier is highly capable, but we have been able to stay true to the very essence of creating an application vehicle that will withstand time control.
Although Ineos has the hobby and resources to manufacture the Grenadier, JLR has put a brake on Grenadier’s production plans: JLR has filed a trademark infringement lawsuit. JLR’s case revolved around its statement that the Defender’s form deserves to be a registered trademark.
There is a legal definition of a trademark, contrary to the definition of a trademark. (There is no legal definition of a trademark. Many marketers, in addition to the American Marketing Association, use a logo and logo interchangeably.)
A trademark indicates the exclusive source of a product or service. The service of a logo is to guarantee the identity of the origin of the product or service of the logo so that consumers/end users are not confused. Trademarks are used to identify a specific entity as a source of goods or services. In other words, a logo is an original badge.
This original badge concept in the center of the JLR box. JLR argued that a client seeking a Defender would recognize the Defender’s source as Land Rover.
The JLR is debatable, as Land Rover recognizes that many of the Defender’s design elements are not unusual for a number of existing and later non-Land-Rover vehicles. In fact, the Defender owes Willys Jeep a lot, as inspiration.
JLR has marked the form of the Defender for more than 4 years. JLR lost a case in the United States opposed to the Can-Am Defender of Bombardier recreational vehicle, an off-road vehicle.
In the US lawsuit, JLR stated that the Defender was “… the centre and soul of the Land Rover brand.” There have been disorders with the JLR US case. One was that Defender was no longer sold in the United States. Another was Bombardier’s statement that the Defender 4×4 served another Can-Am Defender market, an off-road vehicle. Consumers sometimes are not if one product is in a different category from another, for example, Bass Ale and Bass Pro Shops.
The most important Ineos trial. And a greater loss. JLR said: “The Land Rover Defender is an iconic vehicle that is part of Land Rover’s past, supply and future. Its unique shape is immediately recognizable and symbolizes the Land Rover logo around the world. JLR lost its case in the UK High Court.” .
JLR had in the past gone to the United Kingdom Intellectual Property Office (IPO). The British IPO found that the bureaucracy for which JLR sought coverage was not exclusive enough to be through trademark law. The Defender’s “two box” shape sitting from the floor is a fundamental 4×4 shape.
The High Court ruled in support of the previous decision of the UK IPO, stating that while the Ombudsman’s design elements would possibly be “important” to some experts, “… would possibly not be important, or unregistered, to the average consumer.” He added: “The High Court has shown that the ombudsman’s form does not serve as the original badge for JLR products and therefore does not have the mandatory distinctive character to be a registered trademark.” A logo must be able to distinguish the products and installations in which it is used or used from other products and facilities in business life. As the High Court ruled, JLR was unable to rule on the defender. Ineos Automotive, with the investment of Sir Jim Ratcliffe, plans to buy a Daimler modelling plant in France.
JLR brought a new 2020 Land Rover Defender logo in September 2019. It does not represent any part or generation with respect to its predecessors.
The loss of this case means that the Defender is only a 4WD vehicle. Without a promise of distinction applicable, Defender may be on track to adapt to a commodity.
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