Chinese car maker wins MG trademark battle

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    docjunior2008

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    Chinese car maker wins MG trademark battle

    Post by docjunior2008 on Fri Feb 19, 2010 6:19 am

    Ireland Online Wrote:
    19/02/2010 - 12:13:56

    A Chinese manufacturer won its British High Court battle today over one of the most famous names in British motoring history.

    Judge William Blackburne said the Nanjing Automobile Corporation (NAC) acquired the rights to the MG trademarks and logos when it bought the assets of the failed MG Rover from administrators in 2005.

    He ordered a company in Worcestershire to stop using the famous octagonal logo and name on its MG X POWER supercar.

    The judge ruled that Sports and Racing Europe, based in Tenbury Wells, was infringing the marks and had no entitlement to them.

    He rejected argument by the British company that the trademark rights for its car had never been acquired by NAC.
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    Windy
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    Re: Chinese car maker wins MG trademark battle

    Post by Windy on Fri Feb 19, 2010 6:42 am

    Thanks Doc, that's excellent news,

    Now Mr Riley can choose his own name for his company and cars!



    http://breakingnews.iol.ie/news/business/chinese-car-maker-wins-mg-trademark-battle-446908.html
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    docjunior2008

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    Re: Chinese car maker wins MG trademark battle

    Post by docjunior2008 on Fri Feb 19, 2010 7:33 am

    We can now focus on the fully fledged relaunch of MG Motor in the UK, with the 6 and 2014 TF and SAIC MG across the rest of the world.
    I hope there is going to be a supermini to replace the 3 in the next year too.

    Doc
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    richardk

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    Re: Chinese car maker wins MG trademark battle

    Post by richardk on Fri Feb 19, 2010 11:17 am

    Well said Doc
    Glad old mother riley is stopping diversionary tactics.
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    Re: Chinese car maker wins MG trademark battle

    Post by richardk on Fri Feb 19, 2010 11:24 am

    Here is the judgement in BAILII..
    http://www.bailii.org/ew/cases/EWHC/Ch/2010/270.html

    Lots to read there including at the end "I shall grant the injunction to restrain passing off and trademark infringement as sought. I shall order SREL to change its name to one which does not include the letters MG. I shall also order delivery up and forfeiture in the terms sought, direct the defendants to remove all references to MG on their web-site and take all necessary steps to transfer into NAC China's name the domain name mg-x-power.com and any other domain name which includes the mark "MG". I shall also direct, if it is still sought, the inquiry as to damages or, at NAC's option, an account of profits in the terms of paragraph (4) of the claim form together with an order for payment in the terms of paragraph (5). The counterclaim for revocation and rectification fails, as do the parallel Registry proceedings referred to this court by the Registry on 10 December 2008. "
    Very worth a read it is full of information about how much Riley paid PWC and what he knew he had bought.


    Last edited by richardk on Fri Feb 19, 2010 11:44 am; edited 3 times in total (Reason for editing : adding further info)
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    Re: Chinese car maker wins MG trademark battle

    Post by Windy on Fri Feb 19, 2010 2:33 pm

    I've always suspected that his real intention was:

    "As William [ie Mr Riley] will confirm on Tuesday, we would now like to conduct due diligence, on the Dutch administrator's MG IP including European marks, selling rights in various countries, etc. With a shrewd down payment on our purchase, we could begin to shut both Nanjing and Caterpillar [another entity] down with threatened injunctions - and secure good terms for buying Caterpillar Logistics business ($75m per year)."

    Mr Riley sought to distance himself from the stratagem outlined in this e-mail. But a fax dated 18 October 2007 from the lawyers acting for the Dutch administrator of MG Rover Nederland to NAC's Dutch lawyers suggested that Mr Riley had purported to act on behalf of the parties to the so-called Framework Agreement (of August 2006) in acquiring the Dutch rights and that, after agreeing a price of £4 million for those rights, had since "disappeared in thin air". Mr Riley denied that he had purported to represent NAC China in his negotiations with the Dutch administrator (about which NAC knew nothing at the time) or that he had subsequently disappeared. It is therefore a mystery how, if Mr Riley's denial is to be accepted, the Dutch administrator could have come to think that Mr Riley had acted in this way. It is not a matter that I can (or need) resolve.
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    Re: Chinese car maker wins MG trademark battle

    Post by Windy on Sat Feb 20, 2010 1:39 am

    In item 97, the quote above is preceded by:

    In an e-mail to Mr Bilewycz (with a copy to Mr Riley) dated 8 June 2007 Mr Davis - the same Mr Davis of Davis Capital LLC and, according to a company search, a director of MG Sports and Racing Europe Ltd between November 2007 and January 2008 - wrote to say that: ...

    Now according to the Oklahoma Chamber of Comerce, http:\\www.okcchamber.com\MG\MichaelDavis.doc ,
    (I note Mr Davis has an octagonal MG logo on his Biography bom )

    It was Davis Capital that signed the original Letter of Intent with Nanjing Automobile (Group) Corporation [NAC} in February 2006; and helped to facilitate the “Due Diligence” Memorandum of Understanding with Oklahoma investors and NAC to create MG Motors North America, Inc (MG Motors).

    Maybe Lord Stowe was right rabbit

    ...
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    Re: Chinese car maker wins MG trademark battle

    Post by patpending on Sat Feb 20, 2010 4:15 am

    I love that copy of the judgment!


    1. 4.The first defendant, MG Sports & Racing Europe Limited ("SREL"), was incorporated in this country in January 2007. It carries on business as a manufacturer and supplier of cars. The beneficial ownership of its modest issued share capital and the make-up of its board of directors are far from clear. It is not in dispute, however, that its moving spirit, managing director and majority shareholder is the second defendant, a great-grandson of the William Riley who founded the Riley Cycle Company which later became the Riley Motor Company. Like his forebear Mr Riley is a sports car enthusiast. He has had very many years of experience in the car industry, initially as a design engineer and later in various capacities on the automotive engineering side
    (my bold ) I thought Mr. Riley's parentage was reportedly at issue, so to speak...

    Nemo dat quod non habet. At least the legal people like modern animated films!

    15. The business now in SRL was conducted from a shed at MG Rover Group's Longbridge premises.

    23. Mr Purvis described the contention as a "complete red herring."
    Laughing

    36. Under the column headed Country/Register five of the entries relate to Taiwan,


    gearboxes? Wink

    The actions of Natalie Atkins
    when is this on ITV3?
    96. On 10 January 2007 a Mr He Xiaoqing, a vice-president of NAC China
    so Mr. He's background is within NAC...

    Isn't there a legal term R. v. Someone ex parte Hammond or whatever? Looks like there was potentially another agenda to attack the NAC, and "xparty Caterpillar"...so who owns the MG marque now? NAC China as part of the SAIC Group?
    So what next for Mr. Riley? the judgmentr suggests he might try to badge his cars Riley.Why not try BMW?

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