Beware of the MB Lawyers

[flango]

Just had a phone call from a friend of mine who moves in legal circles. It would appear MB UK have put a legal team together to proactively seek out and prosecute people using their trade marks or Images. This includes the star and name on websites etc. I know this has always been the case but this time they are apparently really going for it, 16 prosecutions have already been issued to traders in the Reading area. They are trawling e -bay and other web sites and so far the info is that a lot of the prosecutions involve traders of alloy wheels. So maybe they are targeting specific items or regions first? Will post any further info I get.

So just thought I'd give you the heads up, just in case.

 

[Geezer255]

So get your USB key lookalikes quick lol

 

[JasM]

Thanks for the heads up.

 

[Bobby Dazzler]

I believe a well respected member here who makes a living from MB cars but is not a franchised dealer was asked not to use logos and the like.

I've seen at least one MB specialist with the MB logo turned upside down on their sign outside their building, presumably as a result of a similar conversation!!

To be honest, I can't blame them for pursuing use of their brand without permission, but it needs to be sensible in which fights they choose to take on.

 

[stwat]

We have been contacted twice now on mercedes190.co.uk and warned about the use of the merc star on the forum. Remove all trace of it or face a lawsuit. We removed it from the header but they contacted us again complaining about members with it in their sigs and avatars.

Totally crazy and over the top!! It's not like we are making any money out of their emblem or anything like that

 

[Dryce]

It would appear MB UK have put a legal team together to proactively seek out and prosecute people using their trade marks or Images.

My life is over. My MB pasar malam shorts will have to be hidden away to be only taken taken out and worn in secret behind drawn curtains.

That said - I think they should go after their own people - the ones responsible for selecting the new plain star design over the 3D silver logo design on their branded materials. They defamed their own logo.

 

[BlackC55]

I am VERY careful regarding this. I know of two specialists that have been contacted by MB

 

[Sp!ke]

I was once contacted by 'Toys R Us' over the naming of a webshop that I owned.

They were really really upset and threatened all sorts.

 

[Dryce]

They were really really upset and threatened all sorts.

The tendency is to come down very hard and uncompromising whether they actually have a case or not - giving the impression that they are serious, confident, and unassailable.

The aim is to get the other party to back down immediately without any dispute or negotiation.

This saves time and costs if it works.

 

[Sp!ke]

The tendency is to come down very hard and uncompromising whether they actually have a case or not - giving the impression that they are serious, confident, and unassailable.

The aim is to get the other party to back down immediately

If I am honest, I was bang of of order and they had a particularly strong case.

But it was definately worth it while it lasted.

 

[Ian B Walker]

My logo ( banning immanent ) has been approved by Mb. It is different from the one Mb uses in a subtle way .

 

[saorbust]

We have been contacted twice now on mercedes190.co.uk and warned about the use of the merc star on the forum. Remove all trace of it or face a lawsuit. We removed it from the header but they contacted us again complaining about members with it in their sigs and avatars.

Totally crazy and over the top!! It's not like we are making any money out of their emblem or anything like that

That's a crock of sh*t. What a stupid approach by MB. My logo / avatar is of the bonnet of my car. If they want to prosecute me for taking a picture of my OWN car, or part of it -well surely that's crazy / OTT ?

 

[Druk]

I'm not sure of the details but I think the 'dark side' was stopped from using MBOC by Merc.

 

[franey]

It's a shame that they don't try and have the same hard line approach with customer service and warranty claims over build quality etc.

That way their ways would be totally justified.

 

[rossyl]

It's the recession, less people are buying new cars hence MB need to make money through other means. They are not the only company doing this.

For many companies the usual tactic is to provide evidence that you have in some way infringed their IP then request you pay £000's in settlement. In my opinion I would not agree to this initial settlement without further knowledge.

In the majority of cases this settlement figure will be high. In some cases, if you have acted honestly and you have unknowingly infringed the IP, then you may not be liable for anything.

Basically the recommendation is to first stay silent, they may never follow-up the initial scare-letter. If they do contact you, never admit to anything and say you will seek advice and contact them. Ask them for all the evidence they have, and exactly how they have come to the £000's settlement figure. Then go and get specialist IP legal advice.

There are plenty of threads on the internet, for initial knowledge. After this I would go to a London based specialist IP law firm, or a large national law firm with a dedicated IP practice.

For further info on Law Firms look up Chambers and Partners, or Legal 500 and look up Intellectual Property (IP) specialists.

All they want to do is get money from you as quickly and easily as possible,, the longer you make the dispute the more it costs MB, the less practical it becomes.

All of this is purely my opinion and is not based on any facts.

 

[Dryce]

s.

All they want to do is get money from you as quickly and easily as possible,, the longer you make the dispute the more it costs MB, the less practical it becomes.

All of this is purely my opinion and is not based on any facts.

The tendency with these things IME is that big company simply demands that small fry company ceases infringement. Send a strongly worded letter and job usually done. Shimples.

If they make a claim for damages and payment then things become more complicated and if the target is small then the cost of any fight may well far exceed what the small company is able to pay. So it's pointless.

So my assumption that this MB activity is about protection of their branding and trademarks and not about making money.

 

[crockers]

I always thought that if one sued for damages then there had to be a quantifiable amount calculate as to the level. Otherwise it's "stick you finger in the air time" - or just punitive.

 

[GrahamC230K]

BMW are up to much the same, I know of one UK forum affected.

 

[SilverSaloon]

could a website have a photo of a car's bonnet with the mercedes star on it? if i take a photo of my own car and put it as my sig/avatar i'm not sure what MB could actually do about it.....

 

[lil.smartie]

Smart did the same with the Smart indies a few years ago, they got a strongly worded letter back stating that the font we used was a standard one NOT their one (looks the same though so who knows why they copyrighted one!) and we heard nothing since.

My sis is a lawyer (not this kind of thing but they don't know that!) which was handy!

Kate