Twisted Automotive bests JLR in court - again
The Court of Appeal has thrown out JLR's trademark case against the Thirsk-based tuner
Jaguar Land Rover has enjoyed notable success in court recently. Last month it finally won a legal ruling in China against Jiangling Motor Holding for its flagrant pinching of the Range Rover Evoque's design in 2014. So brazenly similar was the first gen Landwind X7 that the case would have been open and shut in virtually any other territory - but it is notoriously hard for a western firm to find favour in a Chinese court, making the decision a significant victory for JLR's legal team.
At home though, there seems to have been much tripping over its own shoe laces. JLR's long-running case against Twisted Automobile has more than a whiff of bristling animosity about it. At the centre of the three-year legal battle was Twisted's decision to use the name 'LR Motors' for its Defender-filled showroom in Thirsk - a nod-and-a-wink name if ever there was one, but not, crucially, in direct contravention of an established trademark when it was registered in 2015.
JLR cried foul regardless but in May last year the Intellectual Property Court found in Twisted's favour. Undeterred, JLR appealed the case to the High Court - yet was given short shrift at the resultant hearing, Mrs Justice Rose noting: "The undisputed evidence was that Jaguar Land Rover has never used the initials 'LR' as a sign for its goods in this country." Which sounds like a gavel-banging, 'case closed' decision to us.
Not to JLR though, which took its argument to the Court of Appeal last month, where it was promptly rejected on the basis that it was attempting to re-argue the same case without providing any new factual grounds for doing so. Charles Fawcett, Twisted Automotive's founder and CEO, has subsequently claimed a victory against 'bullying tactics' and frankly it's rather easy to side with 'David' when 'Goliath' - via design boss Gerry McGovern - has previously vowed to put third party modifiers 'out of business'.
No matter where you stand on the arrangement of capital letters in a sign - or, indeed, the work of tuners in general - we're going to go out on a limb and say that the world would be a duller and less interesting place without them in it. JLR may have a dim view of those who take an existing product and 'put a little spoiler on it or whatever' (as McGovern dismissively put it) but Twisted, among many others, has repeatedly proven the business case for doing so by selling its efforts to satisfied customers. Beating them in the marketplace - as the manufacturer has specifically set out to do with SVO - is one thing. Beating them in court, as JLR has found to its cost, is quite another.
They should have done the complete opposite and bought Twisted and had them on board as the nich/perfomance arm of the brand much like Mercedes did with AMG.
They should have done the complete opposite and bought Twisted and had them on board as the nich/perfomance arm of the brand much like Mercedes did with AMG.
I think JLR have scored a significant own-goal here. Also they're not exactly brimming with disposable income at the moment, so surely an external company that effectively brings free advertising to the JLR brand, is a plus.I'm just blowing smoke here but perhaps the profit margins on SVO models are quite (ok, very) large and JLR want to profit as much from it as possible. Either way, JLR have taken on 'David' and ended up with one sizeable rock from a sling-shot, right in the eye hole.
They should have done the complete opposite and bought Twisted and had them on board as the nich/perfomance arm of the brand much like Mercedes did with AMG.
Land Rover make a bit of money on the product, twisted make a bit of money on the accessories. Everyones happy.
JLR also missing the fact tuners like twisted bring and encourage huge brand loyalty to the marque. McGovern seems to be missing which manufacturer he works for, its thrived on brand loyalty for years. There are few marques that have the loyalty and love that Land Rover has, it hasn't grown just from walking into a showroom and splashing the cash on a new one.
#justsayin
TX.
#justsayin
TX.
They should have done the complete opposite and bought Twisted and had them on board as the nich/perfomance arm of the brand much like Mercedes did with AMG.
I think JLR have scored a significant own-goal here. Also they're not exactly brimming with disposable income at the moment, so surely an external company that effectively brings free advertising to the JLR brand, is a plus.I'm just blowing smoke here but perhaps the profit margins on SVO models are quite (ok, very) large and JLR want to profit as much from it as possible. Either way, JLR have taken on 'David' and ended up with one sizeable rock from a sling-shot, right in the eye hole.
#justsayin
TX.
My work here is done.
TX.
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