Land Rover wins legal battle over ‘Defender’ name Ruling ends rivals’ use of brand in Europe
JAGUAR Land Rover has won a legal battle with a Canadian firm which named one of its models ‘Defender’ – the name synonymous with the Midland firm’s iconic off-roader.
The luxury car maker, whose Land Rover plant is based in Solihull, took action in the High Court against Bombardier Recreational Products (BRP) which was using the same name as the old 4x4, production of which came to an end after nearly 70 years in 2016.
Bombardier’s Defender is a somewhat smaller all-terrain vehicle, marketed as a “fun, recreational off-roader”.
But following JLR’s legal claim, the High Court has ruled that BRP had infringed the Defender trademark.
Although Defender production came to an end a year ago, the name is far from dead, with JLR set to launch a new version of its most famous vehicle as early as 2018.
BRP is now set to abandon a current EU trademark application for the name and has given assurances it will not seek to register another mark within the EU for ‘Defender’ or similar marks such as ‘Defender Max’ or ‘Defender Pro’.
The High Court ruling means BRP cannot use the word ‘Defender’ on any goods, brochures or web pages in the EU.
Bombardier must also pay a small amount in damages and legal costs.
JLR welcomed the ruling, saying it demonstrated it would “protect its brand resolutely” and adding it would pursue legal action wherever necessary against any firm trying to pass off anything similar.
JLR’s legal director Keith Benjamin said: “We welcome this ruling, recognising the enforceability of our intellectual property rights and preventing use by third parties.
“The Land Rover Defender is an iconic vehicle that is part of Jaguar Land Rover’s past, present and future.
“The success of our business is based on unique design and engi- neering attributes, and we intend to protect the brand robustly around the world.”
The Defender, originally known as the Land Rover, was in continuous production at the Solihull factory from 1948 to 2016.
In all, 2,016,933 Series I, II and III Land Rovers and Defenders were built, using a manufacturing process that changed little in almost 70 years.