Nissan sues BMW over the letter "Z"
11-04-2002, 12:11 AM
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Nissan sues BMW over the letter "Z"
Chicago, Nov. 1 (Bloomberg) -- We'll Z you in court.
That was Nissan Motor Co.'s response after German rival Bayerische Motoren Werke AG started emphasizing the letter `Z' in ads for its Z3 and Z8 roadsters. A federal judge this week agreed to let Nissan proceed with a lawsuit that claims BMW infringed its 1990 trademark for the letter's use to promote ports cars.
Nissan is trying to protect an image that dates to 1969, when the inexpensive Datsun 240Z sports car it introduced to the U.S. helped tear down Americans' resistance to Japanese vehicles. Nissan resurrected the Z-car line in August after a six-year absence with the $30,000 350Z. Nissan has sold more than 1 million Z cars in the U.S. over the years.
"The use of `Z' is real important for Nissan,'' said Jim Hall, analyst at AutoPacific Inc. in Southfield, Michigan. "They were using Z-cars in advertising even when they weren't selling them here. It's that important to them for their image.''
A federal judge in Chicago declined to dismiss the case Oct. 28 and the two automakers are now trying to settle the matter out of court, Nissan spokesman Kyle Bazemore said. BMW has no commenton the case, spokeswoman Martha McKinley said.
Both Nissan and BMW promote their Z sports cars' performance to help increase total sales for their brands. BMW trademarked "Z3'' when it started selling that model in 1996 and its replacement, the $40,935 Z4, which went on sale on Oct. 26. The company also has a $132,000 Z8 model.
Nissan didn't object to the Z3 trademark prior to this year because BMW wasn't using a standalone Z, according to court documents. Last year, BMW started to refer to "Z-series'' cars and "Z-technology'' in advertising and Nissan sued to protect its trademark, the documents said. The judge disagreed with BMW's contention that Nissan waited too long to sue, the filing said. The next hearing in the case is Dec. 17.
For now, it's a case of wait-and-Z.
That was Nissan Motor Co.'s response after German rival Bayerische Motoren Werke AG started emphasizing the letter `Z' in ads for its Z3 and Z8 roadsters. A federal judge this week agreed to let Nissan proceed with a lawsuit that claims BMW infringed its 1990 trademark for the letter's use to promote ports cars.
Nissan is trying to protect an image that dates to 1969, when the inexpensive Datsun 240Z sports car it introduced to the U.S. helped tear down Americans' resistance to Japanese vehicles. Nissan resurrected the Z-car line in August after a six-year absence with the $30,000 350Z. Nissan has sold more than 1 million Z cars in the U.S. over the years.
"The use of `Z' is real important for Nissan,'' said Jim Hall, analyst at AutoPacific Inc. in Southfield, Michigan. "They were using Z-cars in advertising even when they weren't selling them here. It's that important to them for their image.''
A federal judge in Chicago declined to dismiss the case Oct. 28 and the two automakers are now trying to settle the matter out of court, Nissan spokesman Kyle Bazemore said. BMW has no commenton the case, spokeswoman Martha McKinley said.
Both Nissan and BMW promote their Z sports cars' performance to help increase total sales for their brands. BMW trademarked "Z3'' when it started selling that model in 1996 and its replacement, the $40,935 Z4, which went on sale on Oct. 26. The company also has a $132,000 Z8 model.
Nissan didn't object to the Z3 trademark prior to this year because BMW wasn't using a standalone Z, according to court documents. Last year, BMW started to refer to "Z-series'' cars and "Z-technology'' in advertising and Nissan sued to protect its trademark, the documents said. The judge disagreed with BMW's contention that Nissan waited too long to sue, the filing said. The next hearing in the case is Dec. 17.
For now, it's a case of wait-and-Z.
11-04-2002, 03:18 AM
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Originally posted by fr0ng
I bet they'll be going after GM next
I bet they'll be going after GM next
http://www.z06vette.com/63.php
Last edited by padam07; 11-04-2002 at 03:25 AM.
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11-04-2002, 05:32 AM
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I think you guys miss the part in the article that they had no issues with the use of Z3, or Z# for that matter. Its the use of the standalone marketing ("Z") that is what this is all about. So, the Z06 or Z28 branding is not an issue with this lawsuit. A lot of lawsuits seem dumb, but if Nissan lets this fly, who's next....the Daewoo Z69???? 
11-04-2002, 05:51 AM
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Because the "Z" is a trademark of Nissan, they need to sue to protect all the money they spent on making it their trademark. If they allow BMW to continue with their marketing of their "Z line," Nissan will have lost all claims and rights to that letter as a trademark and anyone can claim they have a Z car. While it sucks to have yet another lawsuit, I have to support Nissan in standing up for their customers and their car.
I mean, do you really want someone asking you if it's a Daewoo Z or a Nissan Z after you tell them about your brand new car?
I mean, do you really want someone asking you if it's a Daewoo Z or a Nissan Z after you tell them about your brand new car?
11-04-2002, 07:09 AM
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This isn't a "sue happy" issue, guys. This is protecting a trademark. BMW is infringing on the Z trademark by using that Z alone in marketing with a similar product (car). I don't see why that's so offensive. They bothered to have the Z logo trademarked, so they're entitled to take action.
11-04-2002, 07:33 AM
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I wonder if Nissan is just covering their bases to protect their "M" line of Infiniti models. If the courts dismiss Nissan vs BMW on the "Z" issue, they will most likely have to dismiss any BMW vs. Nissan cases on the "M" issue. On the other hand, if Nissan is successful in getting BMW to stop using "Z" in their ad campaigns, they will have a better idea on what is OK and not OK to use for the "M" stuff. Just a thought.
-D'oh!
-D'oh!
11-04-2002, 07:48 AM
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Originally posted by D'oh
I wonder if Nissan is just covering their bases to protect their "M" line of Infiniti models. If the courts dismiss Nissan vs BMW on the "Z" issue, they will most likely have to dismiss any BMW vs. Nissan cases on the "M" issue. On the other hand, if Nissan is successful in getting BMW to stop using "Z" in their ad campaigns, they will have a better idea on what is OK and not OK to use for the "M" stuff. Just a thought.
-D'oh!
I wonder if Nissan is just covering their bases to protect their "M" line of Infiniti models. If the courts dismiss Nissan vs BMW on the "Z" issue, they will most likely have to dismiss any BMW vs. Nissan cases on the "M" issue. On the other hand, if Nissan is successful in getting BMW to stop using "Z" in their ad campaigns, they will have a better idea on what is OK and not OK to use for the "M" stuff. Just a thought.
-D'oh!
11-04-2002, 08:03 AM
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It would be nice if they make BMW drop Z from their alfabet! To bad they going only after standalone Z.
Because I've already had people thinking I bought that ugly underpowered obsolete Z3 roadster when I was saying I have a new Z... And that really sucks...
Life is funny. Never thought I'll be ashamed of people think I drive BMW.
Because I've already had people thinking I bought that ugly underpowered obsolete Z3 roadster when I was saying I have a new Z... And that really sucks...
Life is funny. Never thought I'll be ashamed of people think I drive BMW.
11-04-2002, 11:46 AM
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As for Z28 and Z06 being under attacked.. those cars were around before the Datsun Z even came out.
Anyways,
I think this is a stupid lawsuit. Not quite as stupid as the Nissan.com guy being sued ( just because you are a bigger company with big bucks means you are entitled to the website? )
I havent really seen these new BMW commercials. When I see Z I just think " 350Z "... so in a way, BMW is advertising for Nissan
No worries about what people think you drive. When I give them the list of my cars, they think I drive the cheap jag, a v6 cheerleader mustang, and a normal suburban... it's all good. I bought the car for myself to enjoy them, not for them to be impressed
Anyways,
I think this is a stupid lawsuit. Not quite as stupid as the Nissan.com guy being sued ( just because you are a bigger company with big bucks means you are entitled to the website? )
I havent really seen these new BMW commercials. When I see Z I just think " 350Z "... so in a way, BMW is advertising for Nissan
No worries about what people think you drive. When I give them the list of my cars, they think I drive the cheap jag, a v6 cheerleader mustang, and a normal suburban... it's all good. I bought the car for myself to enjoy them, not for them to be impressed
11-04-2002, 12:02 PM
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It will settle. It is not that big of a deal to change ads to make sure they say Z4, etc. As for the judge, don't be misled by one ruling on a law and motion matter. All that really means is that there wasn't enough to throw the suit out, or more accurately, the court wants it to be decided on the merits (or lack thereof). Courts only throw out a case in the most clear cut circumstances. If there is any argument that can be made, they will let it proceed.
I was actually kind of surprised that Nissan went with M45. I am sure this will be part of the settlement discussions. Maybe BMW could trade Chris Bangle (head designer and responsible for the 745i) as part of the settlement. Nissan's already have some interesting rear ends so he would feel right at home.
I was actually kind of surprised that Nissan went with M45. I am sure this will be part of the settlement discussions. Maybe BMW could trade Chris Bangle (head designer and responsible for the 745i) as part of the settlement. Nissan's already have some interesting rear ends so he would feel right at home.