Jaguar to sue Christopher Ward

[golfjunky]

Any owners of said watch on here ?

[nbg]

It would be interesting to read the legal advice received by CW when they launched all of these watches.

Difficult to imagine that the directors of CW would have gone ahead without such advice.

Neil

[jkbarnes]

Difficult to imagine that the directors of CW would have gone ahead without such advice.

Neil

I agree wholeheartedly here. Problem is, I imagine Jaguar has deeper pockets and could pursue this regardless of CW’s legal foundation simply because they can afford to. It could be expensive to defend against regardless of how firm a footing their position is.

[H0rati0]

Not to judge as I too am no lawyer, but I would say Jaguar are also on tricky legal ground here. They may win on a trade mark infringement, I don't know exactly what CW referenced eg is "D-type" trademarked? But they will certainly have to prove level of financial damage. For what the case will cost this seems pointless over a few LE watches. Meanwhile surely CW took legal advice beforehand given that they are doing this sort of tribute all the time. This will be no clear victory for either side but the parasites will make out.

nik

[Thegreyman]

How CW "damaged the distinctive character of the brand" by selling a few watches is beyond me.

Get a grip Jaguar and concentrate on making cars.

[jtc]

Imagine if DFS made sofas in homage to the seats in old cars, then ran adverts using the Jaguar name. It's just not cricket.

Hopefully a quickly resolved problem though.

[H0rati0]

How CW "damaged the distinctive character of the brand" by selling a few watches is beyond me.

Get a grip Jaguar and concentrate on making cars.

That sums it up Patrick. Cue blowback?

nik

[neilj568]

either way the lawyers are quids in.....

[Lawrence]

Please remember this is a public forum... it is reasonable to think that lawyers will view and possibly use comments from this forum.

[welshlad]

It will be interesting to see how this pans out, but all publicity is good publicity!

Of course, CW have got a bit of previous here with the C90 Beckett's a few years ago, which had to be renamed as the C90 Power Reserve when the owners of the copyright to the name Beckett's complained.

[monkwearmouth]

The amateur vibe is part of the CW charm, but this is extraordinary. I am an in house lawyer (semi retired) and the obvious course of action would have been to clear it with JLR before release. Far too late now. Jaguar clearly must take action to prevent any business from Berkshire to Guangdong Province from selling products in any way associated with or relying on the Jaguar brand name. Unbelievable.


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[gwells]

Not to judge as I too am no lawyer, but I would say Jaguar are also on tricky legal ground here. They may win on a trade mark infringement, I don't know exactly what CW referenced eg is "D-type" trademarked? But they will certainly have to prove level of financial damage. For what the case will cost this seems pointless over a few LE watches. Meanwhile surely CW took legal advice beforehand given that they are doing this sort of tribute all the time. This will be no clear victory for either side but the parasites will make out.

maybe things are different in england, but i don't think the broad strokes of our legal systems are that different. the issue with trademarks is that if you don't protect them whenever someone violates them, eventually you lose them.

you might think that letting people call making a copy "xeroxing" or using "kleenex" instead of tissue would be good for those brands, but it's not. if it becomes colloquial, the trademark could be lost. so when copiers started out and became more common, xerox often filed cease and desist orders when TV shows said "xeroxing" or sued others for using the term colloquially to protect the name.

now, this is a little different, in that CW didn't actually use the jaguar name, but they also need to protect their name from others trading on it, even inferentially. let's be honest, why should CW be able to use jaguar to make money and not have to at least pay jaguar for the right to do so? and if jaguar sells the rights to use the jaguar name to bremont, shouldn't they protect both themselves and their partner from other watch brands trading on their name (directly or indirectly)? and if bremont sees other watch brands trading on the jaguar legacy, but they're paying jaguar for the privilege, shouldn't they be unhappy? they could threaten jaguar with allowing the name to be diluted in the watch industry and thus damaging the value of what they paid jaguar for.

[Thegreyman]

I'm maybe missing something here but why did Jaguar not take out an injunction 4 years ago when CW were actually selling this watch, rather than now long after they don't (sell it).

[reggie747]

I'm maybe missing something here but why did Jaguar not take out an injunction 4 years ago when CW were actually selling this watch, rather than now long after they don't (sell it).

Of course Patrick, if we knew the answer to that question, the thread wouldn't have got past 2 posts perhaps ?

[Kip]

Official statement from CW..


“We strongly reject the claims made against us and will be vigorously defending our position. There has been no infringement and we do not believe this matter should ever have reached Court”.