Bavarian Motors takes BMW Germany to court alleging unfair competition

Monday, 9 October 2017 00:49 - - {{hitsCtrl.values.hits}}

Bavarian Motors Ltd, a company primarily involved in the importation and sale of luxury BMW vehicles, has instituted Intellectual Property action in the Commercial High Court against BMW (Bayerische Motoren Werke Aktiengesellschaft) in Munich, Germany alleging that the latter was engaged in or attempting to engage in unfair competition against the former.

This legal conflict has arisen as a result of BMW demanding Bavarian Motors not to use any of BMW’s identification logos, marks and slogans at the Bavarian Motors’ business premises as well as its Facebook page in respect of parallel imported vehicles.

The plaintiff, through its legal team of Dr. Harsha Cabral and Kuwera De Zoyza President’s Counsels with counsels Nishan Premathiratne and Pravi Karunaratne instructed by Julius and Creasy Attorneys-at-Law, has submitted to court that Bavarian Motors is a parallel importer of authentic and genuine BMW motor vehicles that have been manufactured and sold by BMW Germany, thus BMW Germany does not have the right to prevent Bavarian Motors from using BMW marks and slogans for the simple purpose of identifying authentic BMW vehicles.

On that basis Bavarian Motors sought injunctions restraining BMW Germany from interfering with Bavarian Motor’s use of BMW identification logos, marks and slogans and also sought a declaration of non-infringement.

The matter is fixed for BMW Germany’s answer on 12 January 2018.