California brand owners may be interested in learning about a case involving car manufacturer BMW and a telecommunications company that registered with the same initials in its company name. This is something that is of particular interest to those with brands that are well-known around across the nation and around the world.
BMW issued the High Court in order to seek injunctions and declarations against the owner of the telecommunications company. The car manufacturer took this action even though the telecommunications company changed its name. Manufacturer executives felt that including these initials would misrepresent them. The auto manufacturer uses its trademark name for services and goods, including telecommunications. BMW used this to support their claim of trademark infringement.
The telecommunications company argued that the initials were never used to advertise their company. It said that it was simply used on invoices sent to rail companies. This was said in order to defend the fact that no one would be confused about who sent the invoice or who was really behind the company.
The court’s decision was based on a precedent that was set in an earlier decision regarding the registration of domain names. While the court felt that it was unlikely that there would be confusion from the public when looking at the company’s register, the claimant was granted summary judgment.
If an individual is concerned about others using their brand name, logo, trademark, or other things associated with their company, they may want to discuss the situation with a lawyer who specializes in trademarks. The lawyer could look at the case and see if trademark infringement has taken place and if it would be necessary to take the case to court. The lawyer might provide advice on filing claims and on the best way to go about trademark infringement litigation.