CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 25 JUNE 2009
Don't mess with Ferrari
Posted by: Mark Schweizer @ 09.03
Tags: Ferrari, interim relief, Switzerland,
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Don't mess with Ferrari
In 2004, a Swiss company - unaffiliated with the family of Enzo Ferrari - registered the trademark "Auto Avio Costruzioni" (with flying horse) for cars, depicted right. In 2008 it announced that it would, in celebration of the 70th birthday of the "AAC 815", produce a car based on the Ferrari F430. It published pictures of a F430 with the "Auto Avio Costruzioni" mark.
Ferrari was not amused and asked for a preliminary injunction. In January 2009, the Cantonal Court of Vaud, Switzerland, granted the injunction, based on Ferrari's trademark rights in the horse, unfair competition and the registered designs in the F430 design. A summary of the decision can be found here (in German), full text (French) here.
Note: the history of AAC/Ferrari is from the decision; I understand that it is more complex, but I am not a Ferrari-buff.
Tags: Ferrari, interim relief, Switzerland,
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