Nissan To Sue Audi?

[QuattroMan]

Nissan Sues Audi Over Q Labels

Nissan Motor Co. has filed suit in U.S. District Court in Michigan, charging Volkswagen's Audi unit with trademark infringement over its planned use of the Q7 and Q5 names on future sport-utility vehicles. The Q7 is to be unveiled this fall at the Frankfurt auto show and the Q5 is scheduled to be released in 2007.

Nissan said it has used the letter Q to identify several of its premium Infiniti models, including the Q45 sedan and the QX56 SUV, and has registered those names with the U.S. Patent and Trademark Office.

Nissan wants the court to prevent Audi from using the letter Q in any future nameplates. Audi has declined to comment on pending litigation.

If this is the case MBZ should of sued there @SS's for using the number 300 and im pretty sure there are more that JAPS coped....

[Niko_Fx]

If this is the case MBZ should of sued there @SS's for using the number 300 and im pretty sure there are more that JAPS coped....

The law suit is ridiculous just like any other law suit in the US, but you are just being a crybaby as usual. If it was Audi suing Nissan you would be making a party.

If Audi would be suing Nissan:

QMAN: "I hope Audi rips Nissan apart, Q is for Audi you losers!!"


You take any given opportunity to criticize Japanese manufacturers.

[baddabang]

Why cant they both just use Q there two different cars made by two entierly different companies. cant we all just get along. :/

[Rockefella]

QMAN: "I hope Audi rips Nissan apart, Q is for Audi you losers!!"


You take any given opportunity to criticize Japanese manufacturers.

My thoughts exactly.

[SlickHolden]

hahahaha what a waste of time and money this is.
Next there will be a clame Audi used S in seats for there cars lol

My understanding is this if Nissan owns A54 and A55 then anyone can use A they don't own A just A54 and A55 You can not buy the right to a single letter it's ludicrous . I would throw this out of my court in the first hour.

[Matra et Alpine]

This is nothing new.

Porsche model number was going to be 901 but Peugeot have rights on all car numbers with a 0 in the middle, so it became 911.

IF Nissan have registered the Q then Audi have no option but to stop.

[lukeh]

would be good to see who will win

[Revo]

Why cant they both just use Q there two different cars made by two entierly different companies. cant we all just get along. :/

Remember what happened back in mid-1990s?
Volvo launched successor to their 440/460 series. New car was called F4 for estate version and S4 for sedan verision. Audi of course complained, since they had top-of-line sedan called S4. *...two different cars made by two entierly different companies...*
Volvo responded by changing new model's designation to S40 / F40
Right, from bad to worse... Now Ferrari was unhappy *...two different cars made by two entierly different companies...*
Hence we have Volvo S40 / V40. Cheers.

[QuattroMan]

The law suit is ridiculous just like any other law suit in the US, but you are just being a crybaby as usual. If it was Audi suing Nissan you would be making a party.

If Audi would be suing Nissan:

QMAN: "I hope Audi rips Nissan apart, Q is for Audi you losers!!"


You take any given opportunity to criticize Japanese manufacturers.

Crybaby?? there is nothing to cry about Niko my point is, you cant just take a letter and make it your own that you did not register it in the first place,now it is to late to make it your own.

[Matra et Alpine]

Crybaby?? there is nothing to cry about Niko my point is, you cant just take a letter and make it your own that you did not register it in the first place,now it is to late to make it your own.

Q-man you need to go back and read YOUR OWN post at the start of the thread.

It clearly said Nissan HAD registered it !!!!

So which is it, or is love of Audi colouring your objectivity

[BMW325]

wow seems a bit hypocritical that nissan would do this...BMW hasnt said anything about them using the name M45

[Smokescreen]

Whatever happened to the days when cars had names? *sigh* I mean if Audi called their car Fairlady or Skyline, i can see why they would get upset, but I mean really, it's a frickin' letter.

[Niko_Fx]

Nissan said it has used the letter Q to identify several of its premium Infiniti models, including the Q45 sedan and the QX56 SUV, and has registered those names with the U.S. Patent and Trademark Office.

you cant just take a letter and make it your own that you did not register it in the first place

Huh?

or is love of Audi colouring your objectivity

Always

QMan, I think that the law suit is ridiculous as well, but is that "Japs copied" attitude that pisses me off so much. I KNOW that if the case would have been the other way around you would back the other side.

[QuattroMan]

Huh?
Quote:
Nissan said it has used the letter Q to identify several of its premium Infiniti models, including the Q45 sedan and the QX56 SUV, and has registered those names with the U.S. Patent and Trademark Office.


Always

QMan, I think that the law suit is ridiculous as well, but is that "Japs copied" attitude that pisses me off so much. I KNOW that if the case would have been the other way around you would back the other side.

OH REALLY! ok do you know in America you cant register single letter? you did not know that did you? that is ok, you cant go out there and take a single letter and register it,if that was the case then I should get sued to LOL!

[Matra et Alpine]

OH REALLY! ok do you know in America you cant register single letter? you did not know that did you? that is ok, you cant go out there and take a single letter and register it,if that was the case then I should get sued to LOL!

You may like to WISH that to be the case but under the international and national trademakr, service and registered names laws there is NO SUCH restriction. In reality there are some restrictions because of prior use.
The relevant act words are
"§ 1052. Trade-marks registrable on principal register; concurrent registration.

No trade-mark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it -

(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501(9) of title 19) enters into force with respect to the United States.
(b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof.
(c) Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow.
(d) Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive: Provided, That if the Commissioner determines that confusion, mistake, or deception is not likely to result from the continued use by more than one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods on or in connection with which such marks are used, concurrent registrations may be issued to such persons when they have become entitled to use such marks as a result of their concurrent lawful use in commerce prior to
(1) the earliest of the filing dates of the applications pending or of any registration issued under this chapter;
(2) July 5, 1947, in the case of registrations previously issued under the Act of March 3, 1881, or February 20, 1905, and continuing in full force and effect on that date; or
(3) July 5, 1947, in the case of applications filed under the Act of February 20, 1905, and registered after July 5, 1947. Use prior to the filing date of any pending application or a registration shall not be required when the owner of such application or registration consents to the grant of a concurrent registration to the applicant. Concurrent registrations may also be issued by the Commissioner when a court of competent jurisdiction has finally determined that more than one person is entitled to use the same or similar marks in commerce. In issuing concurrent registrations, the Commissioner shall prescribe conditions and limitations as to the mode or place of use of the mark or the goods on or in connection with which such mark is registered to the respective persons.
(e) Consists of a mark which (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them, (2) when used on or in connection with the goods of the applicant is primarily geographically descriptive of them, except as indications of regional origin may be registrable under section 1054 of this title, (3) when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them, or (4) is primarily merely a surname.
(f) Except as expressly excluded in paragraphs (a), (b), (c), (d), and (e)(3) of this section, nothing in this chapter shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods in commerce. The Commissioner may accept as prima facie evidence that the mark has become distinctive, as used on or in connection with the applicant's goods in commerce, proof of substantially exclusive and continuous use thereof as a mark by the applicant in commerce for the five years before the date on which the claim of distinctiveness is made. Nothing in this section shall prevent the registration of a mark which, when used on or in connection with the goods of the applicant, is primarily geographically deceptively misdescriptive of them, and which became distinctive of the applicant's goods in commerce before December 8, 1993. "

I've taken products through registration and patents and whilst you are rigth nobody coudl arbitrarily lay claim to the letter say "M" and then expect recognition or royalty for every word with an M in it. BUT I CAN lay claim to M or M followed by digits to identify widgets and that WOUDL be allowed !
Whwn you register you have to register it for a USE and that again lprevents the idea of registering a generic letter. But does NOT prevent registering a letter FOR USE IN THE NAMING of an itme or product.