Jaguar Land Rover Sues Copycat Chinese SUV Maker

Jaguar Land Rover Sues Copycat Chinese SUV Maker
Jun 07, 2016 By eChinacities.com

Editor's Note: China is well known for copying products. It seems that they can copy anything, from designer bags, shoes, phones logos, buildings, racist commercials or ancient monuments, nothing seems to be off limits, and there don't seem to be any consequences. Patent holders and copyright owners have gone after rip-offs for infringing on their brands and products, but Chinese courts tend to side with Chinese companies, exemplified last month when Apple lost a copyright battle with Xintong Tiandi Technology Co. over the use of the "iPhone" name. However, Facebook won in their case against a beverage company using "face book".  The translated article reports on the newest court battle over trademarks, this time Jaguar Land Rover is suing China's Jiangling Motor.

Jaguar Land Rover, owned by India’s Tata Motors, has formally sued China’s Jiangling Motor for allegedly copying the Range Rover Evoque. The lawsuit claims that Jiangling Motor’s Landwind X7 sport utility vehicle copied the design of the Evoque.

On June 5, a spokesperson for Jaguar Land Rover reported to media that they had filed an intellectual property lawsuit and unfair competition lawsuit in Beijing against the Chinese automotive company. He did not give any further details regarding the lawsuit.

Landwind Copied 90% of Evoque Design
The Landwind X7 debuted at an auto show in Guangzhou in November 2014. Experts and attendees were struck by the Landwind X7’s similarities to the Evoque, which was already on sale in China at the time. Jaguar Land Rover had already launched production in China and a domestic version of the Evoque went on sale in 2015.

When the Landwind X7 launched, ten thousand vehicles were reserved within two weeks. General Manager of Landwind Pan Xinxin told the press at the Chengdu Motor Show in September 2105 that Landwind X7 sales had been better than expected. He said the company had hoped to sell 80,000 to 100,000 models in 2016.

The two SUVs are very similar in appearance. The side panels are very similar, and the taillights are almost identical. An unnamed industry source said that Landwind had used the same basic design for as the Evoque for its SUV, and had only changed less than 1% of the design. The front grille on the Landwind X7 is different, and the sides are slightly different in size.

Long, Drawn-Out Lawsuits
This is not the first incident between Jaguar Land Rover and Jiangling Motor. Ten years ago, Land Rover protested Landwind’s purchase of the EU trademark for “Land Wind,” saying that it was too similar to “Land Rover.” After six years of appeals, Landwind successfully obtained the trademark for “Land Wind,” in the EU.

An unnamed industry sources said that it is not easy for international auto manufacturers to take legal action against other companies for copyright infringement. In China, the chance of winning against a domestic Chinese firm is low. It is also bad press in China for a foreign auto manufacturer to sue a domestic company.

Honda previously sued a small Chinese auto manufacturer, Shuanghuan Auto, in a case that lasted 12 years. The case went through the Hebei Higher People’s Court and up to China’s Supreme Court. In the final judgement, the court found that the Chinese company did not violate Honda’s design patent.

A Path for Other Automakers?
You Yunting, an intellectual property lawyer based in a state-law firm in Shanghai, said that car designs are protected by patent law. You strongly believes Jaguar Land Rover will have a better environment for their case than Honda did in the Shuanghuan Auto case. Intellectual property protection has gotten stronger in China in the past two years, as the nation has become friendlier to innovation. Jaguar Land Rover has a better chance than Honda in getting a winning verdict, but You is not optimistic that the company would receive much compensation.

Foreign auto manufacturers rarely prosecute Chinese companies, and it is unclear why Jaguar Land Rover has decided to move forward with their suit. It is generally agreed that the lawsuit will be a long process. However, if Jaguar Land Rover wins the suit, it may prompt other foreign car manufacturers to take similar legal action.

Source: QQ News 

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Keywords: car copying China Jaguar Land Rover

3 Comments

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retiredinchina

so it's just a coincidence that a government backed copy of land rover came out the same time over 5000 tata motor land rovers were destroyed at a port from a haz mat fire. just a coincidence.

Jun 07, 2016 14:08 Report Abuse

Guest2763082

Chinese version is undoubtedly better value for money.

Jun 07, 2016 11:27 Report Abuse

RiriRiri

Sure, without the cost of R&D you bet.

Jun 07, 2016 19:33 Report Abuse