53 replies to this topic

[Jake Blues]

I am speechless having seen this mylittlecar
Topic under discussion over at The Clubby Estate Register Forum

[Marky Tizz]

re-effing-diculous. its not like they were losing money from it!! WONKAS!

[mini93]

thats just stupid how did all the other companys get around this copy right infringment?

[Bean]

FFS.....talk about bully boy tactics yet again.

Well said.

It's just another example of the "Big Guns" taking all they can from smaller traders. It's pathetic - how do they expect the independant businesses (that surely people are trying to encourage) to keep trading?

And yes, no wonder BMW get so much stick from the "classic mini community" if they continue to act in such a ridiculous manner.

Honestly - is one small business causing that much of a threat to BMW?!

[biggav]

Zee Germans have sense of humour failure once more.

They only do it if you are making money off the name.... Mini's Bristol Mini's had the same thing happen a few years ago, they tried to get a rover franchise and BMW wouldn't allow it and then made them change their name.

Don't think they'd come after us though... it's been made clear on too many occasions exactly what the people on this forum think of BMW!!

Even James May said of the New Bini "it's a good car, but it's just not a mini"

[Mini Beth]

How pathetic are BMW!!! I can't believe they would stoop that low and do a thing like that to someone!! I feel sorry for everyone at mylittlecar!

I really wanted one of these toys but i never got round to ordering one!

Edited by Mini Beth, 07 February 2007 - 10:58 PM.

[Bungle]

its all true

i bought one of those fluffy cars thinking it was a real bini

[JetBLICK]

I can't believe that, thats despicable. Too right BMW should get bad press, wetty pankers!

Anyway, if BMW own the rights or whatever to the old mini too, how do BMH make shells and Z-cars get away with the monte?

[Neon]

Can't really add much to the above comments. They say it all for me. Anyway quite an extensive topic about this on Minifinity too.... http://www.minifinit...P...pic&t=57616

[Dan]

Not wanting to sound like I'm on the side of BMW here because I think they and their legal department are ridiculous and have long since lost the plot but...

The basic shape / silhouette of the Mini has been a trademark for a very long time, since long before BMW got involved (as anyone making GRP shells should be aware). Companies have to protect their property from every attack nomatter how small because if they don't then they can't take anyone making a larger scale assault on their business to court to stop them. Well they could but the case would get thrown out, you have to actively defend your property or you loose rights to it whether that property is physical or intellectual. BMH pay BMW a very large sum of money to be able to use the Mini brand and make Mini parts and part of that deal is that they take on responsibility for defending the Mini trademark and rights, although it's BMW who take the legal action because it's their property. BMH then grant licences to people like Mini Spares for the use of the name and rights.

It is a great shame that My Little Car have been closed down but ultimately they were using someone elses product. Working in an industry where copyright theft and intellectual property rights have a very real impact on my personal income I do understand this action but it still stinks.

[CanadianMiniFan]

that is not a very respectful thing to do. i think the more reasonable action to take would be to tell her of the laws, and then her either pay them to use the name or make a deal of some sort. do they own the shape too? I think thats terrible to do that to someone. they own alll the name too...wow, talk about taking over the mini world.

[MLC bad people]

Not wanting to sound like I'm on the side of BMW here because I think they and their legal department are ridiculous and have long since lost the plot but...

The following comments are made without prejudice.

Dan, I tracked this thread back from the www.mylittlecar.co.uk web site. I absolutely 100% agree with you, I own a business and work with Deb on hers. I would not want my hard earned trademarks/designs earning someone else money.

We traded over 3 years believing we were not infringing any rights. We may have had a legal defence against the accusation, I'm not a legal expert neither can I afford one.

There are some points which are not yet publicly available due to the legal action but think on this-

- A £32 billion organisation accuses someone of something - so that's it. Game over. No one in their right mind would tackle BMW in court.

- If BMW thought that we were such a threat to their income that they had to sue us why were we not even offered the chance to be licensed? If we had to pay a fee for a license then fine, we could certainly consider it. May be financially viable, may be not. If not then its a fair cop, game over.

- Why couldn't they initially send a warning letter or phone to say "pack it in" - of course we would have. They could easily have determined the size of our company.

- Look at the my little car web site, the left hand side. Can you hand on heart say you knew that all of those words were trademarked? That you know every corporate requirement, everything you must legally do when running a business?

- If your view differs from someone else's does that give you free reign to destroy them? May be bankrupt them so they couldn't even set up another business?

Must correct you on one point - "using someone elses product" - no, everything we sold was designed & made by my wife who doesn't take such a detached view as I do & is gutted by this whole espisode.

The level of discussion & support that this action has generated in so many forums has amazed us both and we both thank everyone for that.

The mini is dead - long live the mini

[Elfie]

I've been worried about my dad for a while now, his name sounds the same as a prefix to huge number of things, Micro chips, Microsoft, Microscope, Microwave, Microphone, to name but a few.
Will he be asked to change his name because it infringes copyright??I hope not!!
Mike Rowe should be able to keep his name!!!!!

[Jammy]

- A £32 billion organisation accuses someone of something - so that's it. Game over. No one in their right mind would tackle BMW in court.

Could you not find a lawyer who wasn't in his right mind?!

Sorry to hear about the closure of your business. Despite what has been said, and what has yet to be said, I'll be continuing in my blissful ignorant hatred of BMW!

[USA-Fin]

Sad business indeed. It's a shame BMW didn't offer a license. It would have bveen a good PR move, instead they opted for a black eye.

Carrol Shelby sued several Cobra replica manufactures over trade dress (shape). I thought it laughable since he didn't design the car, AC did. http://www.factoryfi...r02/battle.html


As an aside, is the Minus shape protected by copyright?


Jim