43 replies to this topic

[Dan]

Mini spares and minisport are fine as they both supply genuine parts for the BMW Minis as well

They're fine because they pay BMH (who in turn pay BMW) thousands of pounds per year for the privelige of being permitted to continue their business.

I'm shaw if all Mini clubs got together and a good lawer it could be sorted, bmw have only had name for 7 years our club been around 20, we will just have to wait and see

BMW bought Rover in 1994.

[Ethel]

I too can't see BMW taking action against clubs. They'd have to prove some infringement of the law and the club would have to have assets in order to pay any costs or compensation.

It would be interesting to know what property rights BMW have to the original mini. I doubt they are as all encompassing as people assume.

If it comes to the point where we have to defend our claim to the little car then a protest in the UK, not Germany, would be more effective and 2009 would be the right time to remind BMW the classic has the first claim on it's own identity.

If we felt obliged to use different branding to keep BMW happy may I suggest we look at adopting the Swastika?


by the way I've just bought 2 RC Minis off M&S over T'interweb so that's one rumour we can put to bed.

Edited by Ethel, 10 December 2007 - 12:27 PM.

[Jammy]

BMW have property rights for most Mini related things used in the automotive industry, merchandise, parts, automotive business, etc. I did find a list a while back, but can't remember where it was now. Have a look on google for patent office, or copyright office or something.

[Dan]

I doubt they are as all encompassing as people assume.

One of the earliest physical tradmarks ever registered was the bodyshape of the Mini, which was still owned by Rover when BMW bought the company and all assets, intellectual and physical. Very few cars are protected in this way but Mini definitely is. They own the body shape and silhouette, the name and all special edition names, terms like Hydrolastic and marketing phrases like 'Wizardry on Wheels' and 'Super-Dopper-Mini-Cooper-Expert-Engineering'. They are making a fuss specifically because Rover didn't. If you fail to protect a copyright from all attacks you loose the right to protect it at all and they don't want that to happen. It could be argued that the rights disolved during the BL and Rover years when Rover failed to adequately protect them and that whoever owned Rover when they sold it to BMW (can't remember if it was the government or British Aerospace) defrauded BMW by claiming these rights existed but it would be very very expensive to prove that in court.

[Ethel]

Yes, but I think it will only be the trademarks and tradenames they inherited from Rover and they will only apply to products similar to BMW's own.

Your'e right, you can check who owns what with the Patent Office.

[[email protected]]

Dan is spot on, they still own all intelluctual property to the word, the sillhouette, the outline and most if not all of the model names that came out. Heritage have a run down of what can be considered copyright on their website
http://www.bmh-ltd.c...marks-useof.htm

[Ethel]

As I understand it a registered design lasts a maximum of 25years so if you made anything looking like any Mini older than this they couldn't touch you - as long as you didn't call it a Mini or copy the trademarks. You also have to pay maintenance fees for intellectual property, I'm quite sure of that alas, I'd be owed a fortune if it wasn't so .

Mini is, obviously, just an adjective like small or tiny which is why BMW won't be claiming damages over mini chocolate eggs or Swiss Rolls.

[sixwheeler]

Yes, but I think it will only be the trademarks and tradenames they inherited from Rover and they will only apply to products similar to BMW's own.

Your'e right, you can check who owns what with the Patent Office.

In the UK, Patents only last for 20 years, Registered designs for 25, Design rights 15 years and Trademarks can be indefinite - but they have to be renewed every 10.

So that in theory puts pay to most issues being discussed.....?

What I thought BMWs bee in their bonnet was, was the use of the Mini name and logo. I think this is really all they can go after.

I was not aware that they could do anything about after market suppliers after a certain period of time, and certainly not once a car was out of production. I shall try and find out more about that.

[Matt]

yeh ill see what i can dig up...

both of my bosses have owned companies... and a few of them as well.. bought and sold etc.

might be interesting to find out that they cant actually do diddly squat anyways.

[[email protected]]

Which of these companies or clubs would have the money/resources to fight this? It would ultimately come down to money, and they have far more of it than most!

Edited by [email protected], 10 December 2007 - 01:26 PM.

[Ethel]

I suppose BMW could argue that they have rights to Mini memorabilia they produce under licence: they don't make Minis but they do make models of Minis. I also think this argument could fail if someone was making models of little cars and calling them Minis before Rover or BMW decided on going in to the toy business.

Tradenames cannot be descriptive either, so they already have difficulties using a widely applicable adjective like mini - the motoring journalists favourite phrase 'super mini' would also cause them problems.

[Ethel]

That cuts both ways, BMW might buy a victory but they'd have to foot the bill themselves.

[Foxy Mini]

I can't see them targeting Mini clubs...there's a few MINI dealerships who now sponsor various regional clubs and get involved in shows and local events, and they have to have permission from BMW to do this. They know that Mini clubs promote the brand for them without having to spend a penny, so why would they want to stop that?

[Jammy]

Right, having just gone through the entire 'mini'/'MINI' trademarks owned by BMW, I've found out that unless a club is running an online store selling mini/MINI parts, or they are using certain mini/MINI trademarks, BMW have NO ability to close down a club purely for using the word mini in their name, as far as trademark infringement goes.

A couple of other points:

Copyright doesn't cover this sort of thing, it does cover:

• Computing and the internet
  
• Photographs
  
• TV and Films
  
• Art
  
• Written work
  
• Music
  
• Theatre
  
• Spoken word

Design rights only last for 25 years, or 10 years, depending on the type of design rights taken out.

[Mini-Mad-Craig]

Bloody Germans, I mean They've stolen and ruined the best car in history, and now there trying to get rid of anything to do with the things they didnt make, bloody idiots.