case analysis rolls royce vs geely

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Analysis of the case with Rolls-Royce and Geely with effect to Trade mark act.

TRANSCRIPT

AKHIL RAJ9809854334

PRESENTED BY,

ROLLS-ROYCE

VS

GEELY

ROLLS-ROYCE

Famous Car maker company

Started in 1886

Also known as “Royal car makers”

High cost luxurious car Manufacturers

Great brand image

GEELY EXCELLENCE

Famous Car maker company

Started in 1886

Also known as “Royal car makers”

High cost luxurious car Manufacturers

Great brand image

The case starts when a Chinese car maker company, Geely launched a car also looks like Rolls

Royce. So They sue against Geely over the similarities between its Geely GE model and the Rolls-Royce

Phantom.

Geely GE is a car just similar to Rolls-Royce Phantom in its looks and overall design.

Geely is a substandard company when compared to Rolls-Royce

ROLLS-ROYCE PHANTOM GEELY GE

Rolls-Royce Motor Cars is very protective of its brand image and takes this case seriously to file a

case over the chinese car maker company Geely. Geely launches their mode Geely GE with the similar looks

and features of Rolls-Royce Phantom. Geely costs only 1/8th of Phantom.

ABOUT THE CASE

BUILT: Sussex, England

PRICE: £250,000

BUILT: Shanghai, China

PRICE: £30,000

• The Trade Marks Act 1994 states that "a person infringes a registered trade mark if he uses in

the course of trade a sign which is identical with the trade mark in relation to goods or services which are

identical with those for which it is registered" (section 10(1) of the Act). A person may also infringe a

registered trade mark where the sign is similar and the goods or services are similar to those for which

the mark is registered and there is a likelihood of confusion on the part of the public as a result (section

10(2)).

• A trademark can be a Name, Word, Phrase, Logo, Symbol, Design, Image, Sound, Shape,

Signature or any combination of these elements.

The grille, the Flying Lady mascot, also known as the Spirit of Ecstasy, and the Rolls-Royce name

and initials are specifically protected.

With its £250,000 price-tag, the original Rolls-Royce Phantom has always been the preserve of the

privileged few.

But costing just £30,000, the GE, which stands for Geely Excellence, appears to offer a ‘luxurious mobile

palace’ on a much tighter budget.

VERDICT

The session court in England rejected Geely’s appeal against their conviction in the

case, 2009

Geely is sentenced to fine £ 10,00,000 by the lower court.

The court rejected the production of Geely GE.

Geely has appealed against the verdict. The case was going on in the court.

THANK YOU

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