In addition to the story Mark has just told us about Mini corporate, let me relate another one.

A few weeks ago, I posted with pride a note on my new sunroff graphics from Matt at MCO sponsor CooperFlags in this item. which included this picture:

A couple of days later, Matt sent a personal Email saying that he was pleased with how they ended up looking, but telling me that mine would be the only example of the artwork. After a couple of Email exchanges, I could read between the lines that Mini Corporate was going after all items that used the "big red S". Although Matt wouldn't give any more details, I gathered that he was having to pull all "S" artwork, and I got the indication that BigBadBMW was going after several other aftermarket vendors as well.

So it looks to me like we not only need to protect Mark and MCO, but also extend our collective rage in the defense of the sponsors.

 

Well Hell, they should go after Toyota too. since the S on the Corolla "S" looks just like ours.
I am so freaking pissed at BMW/MINI USA right now, I could sell my car and buy that EVO8 or STI I passed on for the MINI. Like many of you, if not for the information and the community here on MINICOOPERONLINE, I would not have bought this car.

X2

 

Well unlike Mark, Cooperflags is selling a product with that logo directly on it, thus, unfortunately BMW can assess royalties on such product, and though it is the legal thing to do, BMW really does not desperately need that revenue. Again I ask, Can he not just sit on those domains and tell BMW to pay him for em or stick them...? I do actually like http://www.motoringmadness.com as an alternative because usually these heartless soulless corporate entities usually win.

 

BMW is very protective of its trademarks. A few years ago BMW AG (the parent company in Germany) went so far as to prohibit even its authorized franchised dealers to use the BMW Roundel on any hats, shirts, jackets, license plate frames, letterhead stationary etc. that the dealer would use in conjunction with promoting their dealership. The BMW Roundel was to be the sole property of BMW AG and its authorized distributors. The BMW Roundel could only be used by the dealers on their “official” BMW monolith to identify the facility as an authorized BMW dealer. It is my understanding that the policy is pretty much ignored by the dealers and BMW of North America is quite lax in its enforcement. However, BMW NA will aggressively go after any independent shop or origination that is using the Roundel. It appears the same goes for MINI.

_________________
2003 Chili Red/White MCS, sport pack w/white wheels, cold weather pack, black leather w/anthracite dash, DVD-based Navigation w/OBC, HK sound, MFSW, PDC, rain sensing wipers & auto dim mirror.

 

>>
>>
>>In addition to the story Mark has just told us about Mini corporate, let me relate another one.
>>
>>A few weeks ago, I posted with pride a note on my new sunroff graphics from Matt at MCO sponsor CooperFlags in this item. which included this picture:
>>
>>A couple of days later, Matt sent a personal Email saying that he was pleased with how they ended up looking, but telling me that mine would be the only example of the artwork. After a couple of Email exchanges, I could read between the lines that Mini Corporate was going after all items that used the "big red S". Although Matt wouldn't give any more details, I gathered that he was having to pull all "S" artwork, and I got the indication that BigBadBMW was going after several other aftermarket vendors as well.

Matt should simply do the following:
a) remove all references to the S design that contain the letter "S"
b) deny that the design is an "S"
c) claim that it is, instead, a length of red tape

 

or just claim that he is copying the toyota S!!!

 

the lawyers will be thrilled by the Red tape idea. Red tape is lawyer speak for billable hours.

 

I'm surprised they haven't cracked down sooner on vendors selling merchandise with trademarked logos.

Selling something that belongs to someone else is stealing...

 

Before producing the "S" we had our patent attorney do research and we got the ok to produce it. Like the Corolla S there are other examples out there that use a similar S. We even changed our S so the edges were more rounded and less "edgy"

Needless to say the word was, "stop now." You will also be seeing a new Cooper Flags logo in the coming weeks as ours was "mutilated MINI wings logo" and an infringment on their copyright.


Smile and move on - this is just a bump in the road.

 

>>Matt should simply do the following:
>>a) remove all references to the S design that contain the letter "S"
>>b) deny that the design is an "S"
>>c) claim that it is, instead, a length of red tape

You know I was wondereing why someone was putting a big red '5' on their roof.

 

GOOD GOD!

Did they refer to the CooperFlags Logo as a Mutilated MINI Logo????

Geezus! How many Logos resemble the One BMW copied for their MINI LOGO???

Will they also be reprimanded for MUTILATING the MINI LOGO???

This is COMPLETE BS.

MATT,

are you prepared to change the name from CooperFlags to MattsRoofTopFlags... those bastards don't know what a great community THEIR vehicles have inspired.

There are no words for my outrage...

Will you have to start uloading your "Original Logo" T-shirts and Promotional Items? This has become an expensive problem... Thanks MINIUSA!

 

We have 60 days to change our "mutilated" logo on everything. MINI was firm and my lawyer did what he could but in the end said I should just change it unless I wanted to spend the $$$$ in court.

We have someone helping us out with the new design which will be bigger and better and cleard by our lawyer. We hope to show it off for the first time at the Ultimate MINI Challenge in October at Laguna Seca.

 

Good Luck Matt... It still sucks...
Sorry you had to go through all of this.

 

Oh wow, next they'll see your car at a dealer and either take the sticker off or replace your car!

I was thinking earlier that there must be hundreds of thousands of sites that hame mini in them. They'll probably even go after sites about old minis!

Heartless corporations and lawyers.

What a joke!

Get off your horse BMW. I was just starting to like alot of BMW products and was thinking of buying some when I get older but come on. JOKE!

 

As much as I would like to join the Us vs Them fray, I have to say:

BMW is not the only one doing this. This is the new corporate world... and welcome to it. If manufacturers, or just simply trademark holders, do not demonstrate control over their trademarks and logos, they can lose them. The courts have essentially forced compaines like BMW into this type of behavior.

Sorry, I know it doesn't make it right, but that is the way the modern world works.

That is until the revolution comes. Then these legal bastards will be the first ones up against the wall!

Ahem... going to take a pill now...

Eric

 

Is a letter of the alphabet trademarkable, even if it is written in a fancy way? Does Toyota know this? I wonder if the slightly different S script on the Corolla S is vulnerable.

 

Holy ****! Can I be sued for using a smilie that kind of looks like a "mutilated MINI logo" in my posts?

What if it's just half a smilie?

Or if I'm not smiling at all?

 

That's an S? I thought it was two hills? :evil:

 

>>GOOD GOD!
>>
>>Geezus! How many Logos resemble the One BMW copied for their MINI LOGO???
>>
>>This is COMPLETE BS.
>>
>>MATT,
>>

Hmmmm .... let's see ... stylized wings in a Black Logo ... Mini bags and Mini wares that are Black and Orange. I think someone needs to alert the Harley lawyers that Mini is infringing upon their trademarks.

I mean, if anyone has the bankroll to duke it out (and the will, let's remember that these guys attempted to trademark the EXHAUST NOTE of a harley... Potato, Potato, Potato).

Unfortunately it is a fact of corporate life. Companies must enforce their trademarks or loose them. But it still pisses me off to no end when they do it in such a heavy-handed manner.

Hey ... how about putting a dotted line up the center of the S ... make it a curvy road, that would seriously blur the issue!

 

I didnt know MINI/BMW was owned by Metallica.

Lawyers suck.

 

>>I didnt know MINI/BMW was owned by Metallica.




R

 

Why is everyone shocked that MINI/BMW will fight (and fight dirty, if necessary) to protect their corporate identity? The only surprise here is how long it took them to bring the hammer down.

 

>>Why is everyone shocked that MINI/BMW will fight (and fight dirty, if necessary) to protect their corporate identity? The only surprise here is how long it took them to bring the hammer down.

I think everyone is surprised because MINIUSA/BMWNA has been an active participant in these forums over the past year, and as mark has posted, even provided links from the owner's lounge to this website, encouraging customers to visit and learn more about their MINIs. Now they've done a 180 and decided to try and force mark to change the name after this site has fostered the growth of a very large community and no doubt many sales of MINIs, including my own I am waiting for and may cancel depending on the outcome of this legal battle. Their actions are ludicrous.

 

>>Why is everyone shocked that MINI/BMW will fight (and fight dirty, if necessary) to protect their corporate identity? The only surprise here is how long it took them to bring the hammer down.


It's a pretty nasty thing for BMW to do to Mark and others. :evil: :evil: He has done nothing but promote the MINI thru this site - as we all know....!! It's simply beyond me how some of these corporate people think...
donna@dcmetrominis.org

 

BMW has done this kind of thing before. From about 1994 - 2001 BMW was the owner of MG. One of the unkind things that occured during their tenure was to "go after" the aftermarket/restoration business that utilized MG or their distinctive octagon in their business names or logos. Long sad history, with the butchers from Bavaria cleaning up. Best way to go about it, is to change your logo/name to comply with them. I know that this sounds like caving, but their pockets are deeper than yours, and unless you are an attorney willing to do pro-bono work for yourself, it aint worth the effort or cost.