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30 March 2015Trademarks

Aston Martin seeks to drive out former designer’s model

Luxury car maker Aston Martin has sued one of its former design directors for allegedly launching a prototype that infringes its trademarks and designs.

In its complaint, filed on Friday (March 27), Aston Martin said Henrik Fisker showcased the design at an automobile show in Florida despite being told by Aston Martin that doing so would infringe its intellectual property rights.

According to Aston Martin, Fisker’s Thunderbolt car incorporates features too similar to those owned by the car maker, including its wings logo and the design of a grille and side vent.

Fisker, who worked at Aston Martin from 2001 until 2004, allegedly approached the UK-headquartered company in November last year about collaborating on a proposal named “Project Thunderbolt.”

The Thunderbolt car, Fisker is claimed to have said, would be a “re-imagined” Aston Martin automobile released in the car maker’s Vanquish range.

Aston Martin informed Fisker that any launch of a car would infringe its IP rights and that he did not have its permission to launch the model.

Despite this, Fisker apparently launched a prototype at the Florida-based car show Amelia Island Concours d’Elegance in Florida, on March 14.

“Fisker nevertheless unveiled a Thunderbolt prototype car that violates Aston Martin’s IP rights in many ways,” Aston Martin said in its complaint, filed at the US District Court for the Central District of California.

The company added: “The Aston Martin badges featuring its famous wings logo either had been left on the Thunderbolt prototype or very similar badges had been substituted in their place. Either way, the iconic wings logo or a confusingly similar variation thereof was still prominently displayed on the front and back badges.

“Fisker’s bad-faith intent to free-ride off the tremendous goodwill associated with the famous Aston Martin mark, wings logo, side vent mark, and Vanquish mark could not be more transparent,” Aston Martin said.

“As a former design director at Aston Martin, defendant Fisker has long known about the power and value of Aston Martin’s brands and proprietary designs.”

Aston Martin is seeking an order demanding that Fisker destroys the product as well as damages and attorney’s fees.

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