EFFECTIVE APPLICATION OF INTELLECTUAL PROPERTY RIGHTS IN BMW

1. INTELLECTUAL PROPERTY
RIGHTS

2. ASSIGNMENT 3
• TOPIC : “CASE STUDY PRESENTATION ON THE
EFFECTIVE APPLICATION OF IP IN A PRODUCT OR
SERVICE TO GAIN A COMPETITIVE EDGE IN THE
MARKET “

3. BMW
• Bayerische Motoren Werke AG usually known under its
abbreviation BMW is a German luxury vehicle, motorcycle, and
engine manufacturing company founded in 1916.
• It is one of the best-selling luxury automakers in the world. The
company is a component of the Euro Stoxx 50 stock market index.
Headquartered in Munich, Bavaria, BMW owns Mini cars and is
the parent company of Rolls-Royce Motor Cars.
• BMW produces motorcars under the BMW Motorsport division
and motorcycles under BMW Motorrad, and plug-in electric cars
under the BMW i sub-brand and the "iPerformance" model
designation within the regular BMW lineup.

4. BRAND PROTECTION
• The core requirements of premium customers include
quality, reliability and safety. The BMW Group is a provider
of premium products and services and has the key objective
of satisfying the high demands of customers both now and in
the future.
• BMW is also known as BRITISH MOTOR WORKS

5. • The illegal production and worldwide distribution of
counterfeit Original BMW Parts, counterfeit Original
BMW Accessories and counterfeit BMW Lifestyle
articles has increased heavily in recent years.
• The BMW Group pursues the clear aim of protecting
customers from counterfeit products and the
consequences of these products.

6. BMW Logo
• BMW badge has become one of the most recognizable logos in
the world. However by 1917 when Bayerische Motoren Werke
was officially licensed by Franz Josef Popp, the company was a
part of Rapp Motoren Werke.
• However Popp decided to make a move and BMW became an
independent enterprise. The only thing left was to find clients. So
the company already had its named but it still didn’t have a logo.
• The same year new trademark was registered under No. 221388
featuring circular design which was actually similar to Rapp logo.
However new badge had BMW letters on it body located on the
very top of the ring.

8. TRADE MARK DISPUTE: BMW VERSUS
SHENZHEN CENTURY BAOMA, FU XIANQIN
AND YOUR-MART CO. LTD
• BMW sued Shenzhen Century Baoma Apparel Co. Ltd for
unfair competition practices and trade mark infringement.
• The court first recognized the registered BMW trademark and
logo as a well-known trade mark. As such, it receives broader
protection.
• Next, the court identified that the defendant used similar
trade marks, such as the “MBWL logo” above, in its clothing
and apparel goods, which easily confused the public and
further damaged BMW’s reputation.

9. • . The court believed the defendant intentionally misled the
public and violated generally accepted business ethics, which
thus constituted trade mark infringement. In addition, the court
explicitly indicated that the use of a well-known corporate
name by a third party is a typical violation under unfair
competition laws.
• In this case, Century Baoma also sells products blended with
other brands, making it difficult to calculate the profits made
from products carrying the infringing MBWL trade mark. The
court awarded RMB 500,000 to BMW, the maximum
permitted by statute in cases in which the infringer’s profits are
unknown.

10. BRAND SLOGAN
• “ THE ULTIMATE DRIVING MACHINE” was the first tag line
introduced by the BMW AG group.
• They have around 15+ tag line copyrights for each cars and bikes
they manufacture.
• The new slogan introduced is “ DESIGNED FOR DRIVING
PLEASURE” & “ LUXURY IS OUR PRIORITY”

11. TRADEMARK LAW
• The BMW Group protects its word and figurative marks,
as well as numerous other trademarks, according to the
law. As a result, these marks may only be used by the
BMW Group, its companies, BMW Group retail
organizations and authorized third parties.
• This includes not only logos, but also vehicle
designations such as the BMW 1 series or BMW 735d.

12. • Technosport London Ltd. The defendant is an independent garage
specializing in the repair and maintenance of BMW cars. It is not,
though, an authorized BMW garage – it has no license from BMW –
although it does use genuine BMW parts, supplied to it by authorized
BMW dealers.
• BMW commenced proceedings for trade mark infringement in
relation to Technosport's use of BMW’s well-known roundel and M
logo (shown below), as well as the word mark “BMW” itself.

13. • BMW contended that no lawful use could be made of the
logos except by authorized dealers.
• The judge rejected that submission, holding that genuine
BMW spare parts bear the logos and are supplied, perfectly
lawfully, by unauthorized dealers.
• However, the judge decided that use of the logos on the
outside of the garage or prominently inside the premises,
would, at the very least, have caused the average consumer
to wonder whether Technosport was an authorized dealer
• . In view of the case law relating to trade mark
infringement, including the decision in Interflora, that was
sufficient to infringe the registered trade marks.

14. TRADEMARK REGISTRATIONS
• BMW’s latest trademark filings -- the “ i series “ & the “ E
series “
• I series is referred to as hybrid cars
• OTHER TRADEMARKS INCLUDE :
• M 50 D , URBANIC , GRAN COUPE , COMPACTIVE ,
COMPACTIVE TOURER
URBANIC ( MEGACITY)

15. COMPACTIVE
TOURER ( CROSS
OVER)
GRAND COUPE

16. INFRINGEMENT OF DESIGN LAWS
• Many products are instantly identifiable from their design- just
by looking, customers know straight away who the
manufacturer is.
• BMW AG has therefore legally protected certain product
designs . Various bodywork sections, headlights, wheel rims or
exterior mirrors, for instance , as well as special items such as
the BMW roof antenna (shark fin design) are protected against
copying by third parties in various countries.

18. SHUANGHUAN CEO Vs. BMW X5

19. Industrial Design: South African HC
shocks BMW in a Designs case
• German motor car giant BMW recently lost a decade long
Aesthetic Designs battle against a South African auto parts
supplier Grandmark.
• South African law allows companies to register Aesthetic
Design over automobiles and automobile parts. Though
functional design registrations are allowed under the South
African law, automobile parts are kept out of the functional
designs.

20. • BMW holds registrations for all its car parts such as head lamps,
hood, fenders and even the shape of a complete car. Grandmark
imported these motor parts and was distributing the same in
South Africa.
• BMW had won the suit filed at first instance in a South African
court after which Grandmark had appealed. The Gauteng North
High Court deciding in favor of Grandmark held that nobody
could claim monopoly over generic shapes of body parts of an
automobile.

21. PATENT LAW
• As an innovative company and provider of premium products ,
BMW AG protects its new technologies with patents. Accordingly
, it holds patent protection for a series of products and
components.
• These property rights are infringed by the unauthorized
production or sale of copied parts.

23. TRADE SECRETS
• BMW is working on a project to turn the methane gas generated by
landfills into hydrogen. For the past eight years, the auto
manufacturer has been collecting, cleaning, and compressing
methane gas from a landfill near its Spartanburg, S.C., assembly
plant, and using the clean fuel to power more than 50 percent of
the facility's total energy needs.
• That move has reduced the plant's carbon footprint by about
92,000 tons per year, and also saved BMW approximately $5
million annually in energy costs, according to the manufacturer.
Now the carmaker is ready to further improve its energy efficiency
by piloting a program that will explore the feasibility of turning
methane gas into hydrogen.

24. • To preserve its trade secrets, BMW won't reveal the method it is
using to convert methane into hydrogen.
• But if it is successful, the company will move on to the second
phase of the project and use the renewably generated hydrogen to
power its fleet of approximately 100 material handling fuel cell
vehicles at its assembly plant.
• The ultimate goal for BMW is for this pilot program to serve as a
model that other private sector companies can use.

25. THANK YOU !
PRESENTED BY ,
FARID THASHFIN
SWATHI KRISHNA