Jaguar Land Rover (JLR) has lost a bid to trade mark the shape of its “iconic” Defender SUV, paving the way for a competitor to manufacture a similar model in the UK.
The dispute comes after the Ineos Group – headed by British billionaire Sir Jim Ratcliffe – announced plans to produce a similar “boxy-looking” vehicle after JLR was forced to stop production of the Defender after it failed to meet modern environmental standards.
Ineos even considered the purchase of the old JLR Defender production line in Solihull to manufacture the car – a request which was promptly refused.
Defending its perceived intellectual property, JLR launched a bid to trade mark the shape and design of every Defender model produced between 1948 and 2016 in UK markets.
Lawyers for JLR said the Ineos car – known as the Grenadier – held significant similarities as to that of the JLR defender.
But the UK Intellectual Property Office (IPO) said the shape and style of the Defender was not distinctive enough to be eligible for trade mark inclusion – escalating the dispute to a High Court.
This month, a Judge held that “while differences in design may appear significant to some specialists”, they “may be unimportant, or may not even register, with average consumers”.
JLR expressed disappointment in the decision not to trade mark the model, which had been successfully trade marked in other jurisdictions around the world.
“The Land Rover Defender is an iconic vehicle which is part of Land Rover’s past, present and future. Its unique shape is instantly recognizable and signifies the Land Rover brand around the world,” it said.
Ineos, meanwhile, welcomed the ruling and confirmed plans to bring the Grenadier to market in 2021.
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