Rolls-Royce takes on car dealer in TM claim

Car manufacturer Rolls-Royce has hit out at a car dealer and repair shop, accusing the company of trademark infringement and unfair competition.

Filed in the US District Court for the Central District of California on Wednesday, November 23, the claim alleged that Classic Motor is in the business of “selling, servicing and repairing” automobiles, in competition with Rolls-Royce and its authorised dealers.

Rolls-Royce claimed that Classic Motor has infringed two of its trademarks: the Rolls-Royce badge (US trademark number 197,089) and the interlocking Rolls-Royce design (US trademark number 344,372).

The badge has been used by the car manufacturer since 1905, and the interlocking design has been used since 1907.

“Rolls-Royce has expended millions of dollars in advertising efforts across the country in connection with the badge and design and its authorised dealers,” said the suit.

It added: “As a result of its long use and promotion of these marks, Rolls-Royce has established the badge and design as famous and distinctive marks among members of the American public.”

Classic Motor is alleged to have displayed a modified version of Rolls Royce’s badge on a sign outside its building. It has also allegedly used the design on license plates without authorisation or permission from Rolls-Royce.

Rolls-Royce said it has sent Classic Motor three letters requesting that “they cease-and-desist all uses of Rolls-Royce’s badge and design and trademark uses of any other Rolls-Royce marks”, but the dealer has continued to infringe.

The unauthorised use “is intended to divert…persons who are interested in the products and services of Rolls-Royce” to Classic Motor, and to “trade off the goodwill of Rolls-Royce’s marks”.

Rolls-Royce is seeking injunctive relief, an account of profits, triple damages, delivery of all infringing products, and a jury trial.