The Bavarian Motors (Private) Limited, a company primarily involved in importation and sale of luxury BMW vehicles instituted an intellectual property action in the Commercial High Court of Colombo against BMW (Bayerische Motoren Werke Aktiengesellschaft) in Munich, Germany, alleging that BMW is engaged in or attempting to engage in unfair competition against Bavarian Motors (Private) Limited.
This legal conflict has arisen as a result of BMW through its attorneys-at-laws demanding from Bavarian Motors to not use any of BMW identification logos, marks and slogans at the Bavarian Motors’ business premises as well as its Facebook page in respect of parallel imported vehicles.
The plaintiff through its legal team Dr. Harsha Cabral and Kuwera De Zoyza P.C. with Counsels Nishan Premathiratne and Pravi Karunaratne instructed by Julius and Creasy Attorneys-at-Law has submitted to the court that the Bavarian Motors is a parallel importer of authentic and genuine BMW motor vehicles that have been manufactured and sold by BMW Germany, thus BMW Germany does not have the right to prevent Bavarian Motors from using BMW marks and slogans for the simple purpose of identifying authentic BMW vehicles.
On that basis, Bavarian Motors sought for injunctions restraining the BMW Germany from interfering the Bavarian Motors’ use of BMW identification logos, marks and slogan and also sought for a declaration of non-infringement.
The matter is fixed for BMW Germany’s answer on 12th January 2018.