Friday 27th May 2011

Lotus Wins In Lotus V Lotus F1 Case. As Does Lotus

Confused? Wait until you read the story...

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The seemingly interminable wrangle between Tony Fernandes's Team Lotus F1 outfit and Group Lotus over the right to use the Lotus name in Formula One has finally been resolved. Team Lotus (those are the yellow and green cars, you'll remember) has won the right to retain the name Team Lotus.

Except that nothing is ever simple in this case - and both sides are claiming victory. Mr Justice Peter Smith has concluded, in the words of the Team Lotus press statement, that "Team Lotus is the true owner of the full Team Lotus name and the iconic roundel, establishing in law that the Anglo-Malaysian team is the rightful heir to Team Lotus and all associated goodwill." Which does rather sound as if Team Lotus are implying that Lotus fans are now legally obliged to support Team Lotus, which sounds a bit cheeky to us...

Be that as it may, and not to be outdone, Group lotus (that'd be the key sponsor of the Renault F1 team, for the avoidance of confusion, if it's not already way too late for that) has released a competing statement, claiming court victory over 'key issues'.

Group Lotus has won the right to use the 'Lotus' name on its own in F1 - which also means Fernandes can only call his outfit 'Team Lotus' rather than solely 'Lotus'. It is also entitled to race in its iconic black and gold livery and has the right to use the Lotus marque on road cars.

Crucially, 1Malaysia Racing Team (1MRT) was also found to be in breach of its Licence agreement and so Group Lotus has been awarded damages.

So Team Lotus can call itself that, but not 'Lotus' on its own, while Group Lotus has been awarded damages, but failed to stop Fernandes from using the Lotus name and badge in F1. Pyrrhic victories all round, then...

[Oddball RS]

Sweet Jesus................

[louiebaby]

Which of them owns Caterham now? Who make the Seven, since they bought the rights to is off Lotus...



When Porsche bought VW, but instead got taken over by VW a couple of years ago, I at least understood that...

[Woody]

So does that mean that Lotus Renault (the black & gold ones...) have to take the Lotus badge of the F1 car, but group lotus can use it on road cars and Team Lotus (the green and yellow ones...) can use it on the F1 cars????

[V8Bart]

Keh????

[GKP]

Group want to appeal the use of the word Lotus by another team, especially since the judge already said the Team Lotus name has been revoked for non-use.

Summary:

http://www.thelotusforums.com/latest-news/lotus-ca...

[Fetchez la vache]

I was with you up to "Lotus Wins In..."

[Stedman]

[kenny.R400]

Tony Fenandez had no desire to call the F1 team "Lotus". The "Team Lotus" name was the issue, which has been the outfits f1 name since Chapman founded it.

There really is no confusion at all in this issue. Lotus cars (Group Lotus) and Team Lotus have been seperate entities for decades. Chapman sold the "Team Lotus" brand to Peter Collins who then passed it on to David Hunt who then did the deal with Fernandez...........he rightly owned it from the day he bought it and I don't know what Lotus cars were complaining about.

[skwdenyer]

GKP said:

Group want to appeal the use of the word Lotus by another team, especially since the judge already said the Team Lotus name has been revoked for non-use.

Summary:

http://www.thelotusforums.com/latest-news/lotus-ca...

Not the name, but the trademark. The company can still be called Team Lotus, and trade as Team Lotus. They could, if they liked, apply for new trademarks, which they might - or might not - get. But Group Lotus cannot stop them trading as themselves, i.e. as Team Lotus. And Group Lotus failed to convince the judge that the Team Lotus name was never Hunt's to sell.

Without the trademark, and without the judgement, Team Lotus would be open to an accusation of passing-off by Group Lotus. The judgement ensures that that isn't possible, pending - of course - the inevitable appeal!

[GKP]

kenny.R400 said:

Tony Fenandez had no desire to call the F1 team "Lotus". The "Team Lotus" name was the issue, which has been the outfits f1 name since Chapman founded it.

Last year they went under the 'Lotus Racing' flag.

You can see why Group want to appeal. To an outsider the cars trundling around on the cusp of the 107% cutoff are Lotus. Why would Group want to be asscociated with that?

[kenny.R400]

Hunt bought more than the brand when he took over , he bought the cars, wind tunnel and retained some of the staff............he tried his best to get them back in F1 and almost succeeded in 1999. It was his to sell fair and square and Tony bought it. Long live Team Lotus.

[carinaman]

I watched Bruno Senna going round Spa the wrong way lastnight having learnt of it from the BBC FP1 coverage yesterday.

While the Renault may not be Renault and that may be due to NP jnr being told to drive into the barriers at Singapore in 2008, but it does somehow trash Renault's name and history that they're now running around with Lotus stickers on.



It's like all that 'The cat is back nonsense' when Stewart GP became Jaguar?

So we have Red Bull running a Renault motor advertising the Nissan Renault premium brand of Infiniti, but the former Renault team car running around advertising Lotus road cars?

Perhaps GENII need to do it for the advertising from Lotus road cars, but geez talk about meddling with your brand and marketing.

People can't think of anything new and it's just so tempting to disinter another name and stick that on?

They need to have words with themselves and stop being so lazy.


It's all Flavio's fault and a good reason why he shouldn't be allowed back in F1?

[TheOrangePeril]

Woah woah woah... Team Lotus WON something!?

[jimed]

And the winner is .... wait for it .... the lawyers!!
Jim

[Munter]

GKP said:

Last year they went under the 'Lotus Racing' flag.

Under licence from Group. So "Lotus Racing" if you will would be owned by Group Lotus. Hence the change this year to Team Lotus.

Not sure who had Team Lotus Ventures Ltd but the Judge seems to have said it doesn't really exist as nobody used it and therefore plays no further part in anything.

[ellisd82]

Glad thats all cleared up...

[marcosgt]

louiebaby said:

Which of them owns Caterham now? Who make the Seven, since they bought the rights to is off Lotus...

Team - I think...!

M.

[bullies180]

I'm really happy that Lotus have won this!

[Mermaid]

jimed said:

And the winner is .... wait for it .... the lawyers!!
Jim

& their gravy train will trundle on for a while yet.

[Rude-boy]

Mermaid said:

jimed said:

And the winner is .... wait for it .... the lawyers!!
Jim

& their gravy train will trundle on for a while yet.

But only ever for so long as people are willing to fuel the train don't forget.