the Supreme Court of Spain finally declared the expiry of the exclusive right to use the trademark 'Hispano-Suiza' by its traditional owners. The reason is that they have not manufactured motor vehicles under their banner nor have they used it in any other automotive industry project in the last 80 years.
The three courts agree that industrial property is not forever, the Mateu family has had the Hispano-Suiza trademark registered so far, but this does not guarantee them the exclusive right to exploit it. For this it is essential to demonstrate activity in the sectors reserved for its use.
http://www.escuderia.com/tribunal-supremo-sentencia-marca-hispano-suiza/
The three courts agree that industrial property is not forever, the Mateu family has had the Hispano-Suiza trademark registered so far, but this does not guarantee them the exclusive right to exploit it. For this it is essential to demonstrate activity in the sectors reserved for its use.
http://www.escuderia.com/tribunal-supremo-sentencia-marca-hispano-suiza/
So does it mean it would be legal to build an Hispano Suiza replica without any lawsuit ?
ReplyDeletethat family with the legacy ownership won't roll over without a lawsuit if you mean to sell it as a HS. If you build a replica for yourself, they'll never learn of it unless you try to compete in shows or events that are publicity seekers. Stay away from publicity, and they aren't ever going to hear about you. It's not as if they care a whit for any HS car on the planet, they simply aren't going to let anyone else make money off the Hispano Suiza name
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