Sunday, 21 February 2010

Those MG trade marks

Only just caught this judgment - which I've been awaiting with interest, not sure what posible arguments the defendant could have ... In Nanjing Automobile (Group) Corporation & Ors v MG Sports and Racing Europe Ltd & Anor [2010] EWHC 270 (Ch) (19 February 2010) the Judge, Sir William Blackburne, held the Nanjing Automobile Corporation (NAC) had acquired the rights to the MG trademarks and logos. He ordered the defendants to stop using the name MG X POWER on the supercar they were making. The judge was satisfied that NAC acquired the rights to all the the MG trademarks and logos when it bought the assets of the failed MG Rover from administrators in 2005.

The defendants' argument appears to be based on a particular construction of the agreement under which they had acquired certain rights from the liquidators, and on the basis of that interpretation they claimed that NAC's trade mark registrations - all of them, so far as they related to the MG business - should be revoked. It will take a little time to get my head round this judgment, but for the moment I offer readers this news, and the link to the judgment.

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