Background:
In 2018, Jaguar Land Rover (JLR) filed a lawsuit against Jiangling Motors Corporation (JMC), a Chinese automobile manufacturer, for allegedly copying the design of their Land Rover Evoque model for JMC’s Landwind X7 SUV. The Landwind X7 was being sold in China at a significantly lower price point than the Land Rover Evoque, causing harm to JLR’s sales and brand reputation.
Case Study:
Jaguar Land Rover, a British luxury car brand, filed a case against Jiangling Motors Corporation (JMC) in a Chinese court in 2018, accusing them of infringing on JLR’s intellectual property rights by copying the design of the Land Rover Evoque model for JMC’s Landwind X7 SUV. JLR claimed that the design of the Landwind X7 was a near-identical copy of their Evoque, and that JMC had intentionally copied the design to mislead consumers into believing they were buying a luxury car at a lower price.
The Landwind X7 was being sold in China for a fraction of the price of the Land Rover Evoque, which was causing significant harm to JLR’s sales and brand reputation in the country. JLR had invested a lot of resources in developing the Evoque’s unique design, and they claimed that JMC’s infringement was not only illegal but also unfair to their business.
JMC, on the other hand, argued that the design of the Landwind X7 was not a copy of the Evoque, and that they had conducted their own research and development to create the design. They claimed that they had not violated any intellectual property rights, and that JLR was merely trying to use the legal system to stifle competition in the Chinese market.
The case went to trial in the Beijing Chaoyang District Court in February 2019. JLR presented evidence that showed the similarities between the Landwind X7 and the Evoque, including the shape of the body, the grille, the headlights, and the side windows. They argued that these similarities were not coincidental, and that JMC had deliberately copied the design to create a cheaper alternative to the Evoque.
In response, JMC presented evidence that showed that they had conducted their own research and development, and that the design of the Landwind X7 was based on feedback from Chinese consumers. They claimed that the similarities between the two vehicles were a result of following market trends and meeting customer demand.
After several months of deliberation, the court ruled in favour of JLR in July 2019, ordering JMC to stop production and sales of the Landwind X7 and to pay JLR compensation for damages. The court found that JMC had indeed copied the design of the Evoque, and that this had caused significant harm to JLR’s business in China.
Conclusion:
The 2018 JLR case against JMC highlights the importance of protecting intellectual property rights in a globalized economy. JLR invested significant resources in developing the unique design of the Land Rover Evoque, and they were rightfully concerned when a Chinese competitor appeared to have copied their design for a significantly cheaper alternative. The court’s ruling in favour of JLR shows that intellectual property rights are taken seriously in China and that companies who violate these rights can face significant legal consequences.
Acts Involved:
The specific acts involved in this case are the Indian Trade Marks Act, 1999, which provides for the registration and protection of trademarks in India, and the Indian Copyright Act, 1957, which provides for the protection of original works of authorship, including artistic works such as the design of a vehicle.
JLR successfully argued that JMC’s use of their design in the Landwind X7 constituted infringement of their trademark and passing off, as it could cause confusion among consumers and damage JLR’s brand reputation.
This case highlights the importance of protecting intellectual property rights and the potential consequences for companies that engage in trademark infringement.
reference:https://www.theguardian.com/business/2019/mar/22/jaguar-land-rover-wins-landmark-case-against-chinese-evoque-copycat
(roll no.M2217, MMS 1,Fr. C Rodrigues institute of management studies, Vashi)