Daimler loses trademark appeal

Daimler loses trademark appeal

Luxury car maker Daimler (aka Mercedes) has lost its bid to prevent a Chinese construction machinery firm from using what it perceives to be a similar logo in New Zealand.

According to a judgment released from the Court of Appeal today, Daimler opposed registration of the Sany logo as it believed it would deceive or cause confusion because of its similarity to the Daimler trademarks. Sany was created to be used for heavy construction and industrial machinery but is now looking towards more recreational business ie cars, bikes etc.

The company applied to register its trademark in New Zealand in August 2006, which was approved by the Assistant Commissioner of Trade Marks. Daimler meanwhile, began as an automobile manufacturer in 1882 and began to use the three pointed star trade mark on its vehicles internationally in 1909 and in New Zealand in 1911. Today Daimler manufactures a number of cars, trucks, buses and other industrial products under the Mercedes-Benz brand. The high court case was subject to similarities in the logo, both bear a circle with a three pronged device either inside or slightly overlapping the circle, however the similarities are minor due to this the court appeal was dismissed despite not being the first or last court case submitted by Daimler.

By Ethan Tuner

Yr 11 Pupil Thornden School Southampton