Jaguar Land Rover Limited v. Suncoast Tire LLC

Jaguar Land Rover Limited

Case details

Plaintiff: Jaguar Land Rover Limited

Defendant: Suncoast Tire LLC

Case no.: R1936/2017-2

Jurisdiction: European Union

Industry: Cars

Decision date: 28 May, 2018

Subject matter: Common elementConceptual similarityEnhanced distinctivenessPhonetic similarityReputationSimilarity of the signsUnfair advantageVisual similarity

Decision

The goods of the opponent and of the applicant are the same or related in that the consumers of car parts and vehicles are the same. The opponent’s mark is reputed for land vehicles in Class 12. Therefore, the public in the United Kingdom, when seeing vehicles or their parts bearing the contested sign ‘LAND GOLDEN’, would be able to associate it with the earlier mark ‘LAND ROVER’. The contested mark would benefit from the power of attraction, the reputation and the prestige of the earlier mark for its own goods, which would attract the consumers’ attention thanks to the association with ‘LAND ROVER’, thereby gaining a commercial advantage over its competitors’ goods. The economic advantage would consist of exploiting the effort expended by the opponent to establish the reputation and the image of its earlier mark without paying any compensation in exchange.

Book a consultation icon

Book a consultation

Our experts are here to answer your trademark-related questions.

Comparison of Trademarks

LAND ROVER

LAND GOLDEN

Related cases

R0237/2017-2

Jaguar Land Rover Limited v. Lande Endüstriyel Metal Ürünler Sanayi Ve Ticaret Anonim Sirketi

Subject matter: Common element, Enhanced distinctiveness, Figurative trade mark, Likelihood of confusion, Phonetic similarity, Reputation, Similarity of goods and services, Visual similarity

R0065/2009-2

LAND ROVER (private unlimited company) v. LWMC Ltd.

Subject matter: Conceptual dissimilarity, Dissimilarity of signs, Likelihood of confusion, Nature of the goods and services, Phonetic dissimilarity, Reputation, Visual dissimilarity

R1283/2019-4

Ferrari S.P.A. v. Scuderia Mulinello GmbH

Subject matter: Common element, Complementary goods and services, Dissimilarity of signs, Dissimilarity of goods and services, Similarity of goods and services

Related articles

NFT-Trama

NBA stars are using NFTs to expand their personal brand

According to the Growth Trend Analysis and Forecast Report by MarketDecipher, the sports memorabilia market size will be US$26 billion in 2021, with NFT sports collectables currently estimated at US$1.4 billion, which is estimated to double its market size at a 100% growth rate and reach 2.6 billion in 2022. As a result, many professional NBA athletes such as Kevin Durant and King James LeBron are not missing an opportunity to further develop their personal brands by offering fans new ways to connect with them through ownership of unique digital assets.

christopher-gower-m HRfLhgABo-unsplash

Stories of our clients: WeCodePixels

WeCodePixels has been helping entrepreneurs with web and mobile development projects since 2014. Respecting the uniqueness of each and every client, the customer-centric focus of this IT development company is reflected in the satisfaction of its numerous clients, including Global O-Ring and Seal, Orange Amps, Men’s Health, FHM, among others. No matter how small or large the project is, WeCodePixels provides tailored solutions to aid web and mobile development from the initial idea to launch.

From frequently asked questions about trademarks

Help