Jaguar to sue Christopher Ward

Discuss Christopher Ward watches
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Re: Jaguar to sue Christopher Ward

Post by Caller »

A few years back, Starbucks, who have 100's of outlets here in Thailand, took legal action against a small coffee shop run by a guy who had made a similar sign to theirs, with a play on their name. And they pursued him through the Thai Courts until they got their way and he changed the sign and the name. The case was well publicised in the Thai media but had no bearing on the Companies success here.
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Re: Jaguar to sue Christopher Ward

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Caller wrote: Wed Sep 19, 2018 4:15 pm A few years back, Starbucks, who have 100's of outlets here in Thailand, took legal action against a small coffee shop run by a guy who had made a similar sign to theirs, with a play on their name. And they pursued him through the Thai Courts until they got their way and he changed the sign and the name. The case was well publicised in the Thai media but had no bearing on the Companies success here.
Greetings,

The above reminds me of the case last year when Sainsbury's complained about the Indian corner shop owner and his shop name of Singhbury's.

I seem to recall, he renamed it Morrisingh's.
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Re: Jaguar to sue Christopher Ward

Post by gatehealing »

Careless mistake by CW. They rolled the dice again on something like this and this time, a much larger fish came around to eat them. Don’t make stupid mistakes.

On the other hand, while I believe in protecting ones brand vigorously so that you prevent it from creeping more and more towards actual damage, I don’t think a suit is necessary. Now if Jaguar tried to resolve without legal action and CW was just stubborn, then game on.
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Re: Jaguar to sue Christopher Ward

Post by ndabunka »

H0rati0 wrote: Tue Sep 18, 2018 5:40 pmWho can say what the motives on both sides are?
nik
Jaguar seems to hang it's hat on certain names and rightly so. One thing that is a VERY REAL possibility is that Jagaur is planning on bringing out a new vehicle and they want to reference the legacy D-Type moniker for this new vehicle. This just looks like "clean up" in advance of those plans that may well be years out.

Full disclaimer - I own a '17 F-Type R & am a card-carrying member of JCNA (Jaguar Clubs of North America). I have also owned 5 different CWs and would snap up a D-Type C70 in an instant if I could find one at a reasonable price point.
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Re: Jaguar to sue Christopher Ward

Post by H0rati0 »

ndabunka wrote: Wed Sep 26, 2018 6:17 am
Jaguar seems to hang it's hat on certain names and rightly so. One thing that is a VERY REAL possibility is that Jagaur is planning on bringing out a new vehicle and they want to reference the legacy D-Type moniker for this new vehicle. This just looks like "clean up" in advance of those plans that may well be years out.
The fact remains that CW used "D-Type" on a watch BEFORE Jaguar registered a trademark covering watches.

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Re: Jaguar to sue Christopher Ward

Post by Caller »

H0rati0 wrote: Wed Sep 26, 2018 8:11 am The fact remains that CW used "D-Type" on a watch BEFORE Jaguar registered a trademark covering watches
If it was as black and white as that, it wouldn't be going to Court.

What about the bumph that came with the watch, did that avoid making any reference to the car or Jaguar? What about on the website when the watch went up for sale?
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Re: Jaguar to sue Christopher Ward

Post by H0rati0 »

Caller wrote: Wed Sep 26, 2018 5:14 pm
If it was as black and white as that, it wouldn't be going to Court.

What about the bumph that came with the watch, did that avoid making any reference to the car or Jaguar? What about on the website when the watch went up for sale?
Without wanting to get into an argument because I have not studied either the original complaint nor CWL's counter suit and I am not a barrister specialising in IP. However, it appears clear to me that CW know exactly what they are doing. Consider:

CWL is a privately held company funded by its directors' personal wealth either directly or by guarantees, while Jaguar will be employing staff who have no financial stake other than spending other peoples' money.

Jaguar's complaint is based on CW infringing their "D-Type" trademark.

Jaguar cynically registered that trademark after CW first used it on a watch. It is cynical because by the action of registering another "D-Type" trademark Jaguar confirmed they previously had no rights in the category of watches.

CW have countersued, probably asserting first usage.

It will be up to the Judge on the day, if it goes all the way to trial. Nine out of ten complaints do not. But CWL certainly appear to have an arguable case.

Black and white? Colour me cynical, but if a party is prepared to pay, a barrister will argue until cut off. Forget about "Justice" in a court of law, no such thing.

best

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Re: Jaguar to sue Christopher Ward

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^^^
BINGO on Jag not having a leg to stand on
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Re: Jaguar to sue Christopher Ward

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H0rati0 wrote: Wed Sep 26, 2018 8:06 pm Jaguar's complaint is based on CW infringing their "D-Type" trademark.

Jaguar cynically registered that trademark after CW first used it on a watch.
CW have countersued, probably asserting first usage.

Black and white? Colour me cynical, but if a party is prepared to pay, a barrister will argue until cut off. Forget about "Justice" in a court of law, no such thing.
Is Jaguars complaint based on CW infringing their trademark?

Were Jaguar cynical, or CW for associating with a car and brand they had not sought permission to do so, whether morally or legally?

And colour me cynical, but after a 37 year career spent working in counter fraud and corruption, involving actions in both the Criminal and civil courts (not to mention employment tribunals), excuse me if I disagree with your opinion, that there is no such thing as justice in a court of law.
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