After the recent trademark victory against China’s Jiangling Motors copycat, Landwind X7. Jaguar Land Rover has lost a legal battle at home.
Twisted Automotive, based in Thirsk, North Yorkshire, specialises in re-engineering the Land Rover Defender. The business’s founder, Charles Fawcett, purchased 240 vehicles from JLR when the manufacturer ceased production of the iconic model in January 2016.
Smart move I’d say!
The trademark in dispute was ‘LR Motors’, which Twisted registered in 2015. Jaguar Land Rover, which is often referred to as JLR, said the trademark would lead consumers to believe Twisted was in some way connected with Land Rover.
However, the Court of Appeal said Land Rover’s proposition that “everyone realises the initials LR in LR Motors refers to Land Rover” was “simply an assertion with no evidence to support it”.
It said that Land Rover had “not even attempted” to establish a compelling reason to hear the appeal and that there was no principle of law in dispute.
A spokesman for Twisted said: “Jaguar first attempted to register ownership of the initials ‘LR’ as a trademark three years ago after requesting Twisted refrain from using it, on the basis that it was widely understood that the letters referred to Land Rover.”
Twisted opposed JLR’s attempt to register ‘LR’ as a trademark in view of alleged earlier rights, having been trading as LR Motors since November 2015 and therefore having acquired goodwill under the sign. It was alleged that the use of the trademark applied for would be a misrepresentation to the public and result in damage to that goodwill.
Following an earlier hearing at the UK Intellectual Property Court in May 2018, the UK Trade Mark Office ruled in favor of Twisted; however, JLR lodged an appeal with the High Court against the decision.
This appeal was rejected following a hearing in December 2018, when Mrs. Justice Rose said the underlying assumption that everyone realised the initials ‘LR’ in LR Motors referred to Land Rover was merely an assertion by Jaguar, with no supporting evidence.
Surely Land Rover can see that Twisted is, in fact, promoting Defenders! This can only help and boost the profile of Land Rover! What do you think? Let us know if the comments below