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Heavyweight | Beijing Court ruled that Land Rover Aurora won, and production of the fake Land Wind X7 must be stopped.

2024-09-17 Update From: AutoBeta autobeta NAV: AutoBeta > Industry Report >

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AutoBeta(AutoBeta.net)03/23 Report--

After three years of litigation, Jaguar Land Rover's lawsuit against Jiangling Land Rover finally came to a conclusion. Jiangling Land Rover lost the lawsuit, and Jaguar Land Rover won.

Beijing Chaoyang District Court recently ruled that five designs of Lufeng X7 made by China Jiangling Motor directly copied the design of range Rover Aurora, causing confusion among consumers and ordered Jiangling to stop production immediately, Reuters reported.

According to the court's ruling, the production, sales and marketing promotion of Lufeng X7 should be stopped immediately. More importantly, Jiangling must also pay compensation to Jaguar Land Rover, the exact amount of which has not been reported.

After comparing the two cars, the court found five designs unique to the range Rover aurora: the same body, roof, windows, side panels and rear lights.

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After the verdict was announced, foreign media reported that Jaguar Land Rover responded immediately. Keith Benjamin, the company's head of legal affairs, said they welcomed the ruling, which would further increase their confidence in Chinese court rulings on intellectual property cases. It also said: "this ruling clearly shows that the law has been properly implemented to protect consumers and protect their rights from being confused or misled, while protecting corporate investment in design and innovation."

At this point, Jiangling Motor's land wind brand X7 model plagiarized Land Rover Aurora case, announced the verdict. The case will also serve as a major classic case in the "shanzhai history" of China's independent car brands, warning independent brands not to repeat the same mistake, and all imitated and fake designs are likely to be prosecuted. and the success rate of being accused of infringement is no longer "zero".

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In fact, Land Rover sued Jiangling Motor into two parts, one is that the well-known patent is invalid, and the other is plagiarism.

Both the range Rover Aurora and Land Wind X7 patents were invalidated in June 2016, but there was also a minor episode later.

Land Rover applied for invalid Land Wind patent because the design was similar and successful. Land Wind applied for invalid Land Rover patent because the aurora model was first unveiled in China at the Guangzhou Auto Show in December 2010, but Land Rover applied for a patent for the aurora model in November 2011, which has exceeded the required period of six months of novelty protection. as a result, the novelty was destroyed, and Land Feng successfully invalidated the patent of Land Rover Aurora. In essence, Land Rover is really careless in this respect.

At this time, Lu Feng is not satisfied. The models we design and produce have independent intellectual property rights. When you say "design similarity", don't you mean to admit plagiarism? As a result, Lu Feng sued the Patent Reexamination Board, which ruled that the patent was invalid, at the Beijing intellectual property Court, demanding that the patent of Lufeng X7 be restored.

Unexpectedly, Lu Feng's lawsuit was successful, and Lu Feng's patent was revived again, which was already March 2018.

Land Rover and the Patent Reexamination Board were not satisfied at this time and appealed to the Beijing Municipal higher people's Court. In November 2018, the Beijing Municipal higher people's Court ruled in the second instance that Lu Feng's patent was invalid again on the grounds that the two patent designs did not reach an obvious difference.

In other words, no matter how Lu Feng resisted, he was suspected of plagiarism.

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Here we begin to talk about the other part, which is the key to today's ruling on Lu Feng plagiarism. While Land Rover was invalid, Land Rover formally sued Lu Feng in Beijing's Chaoyang District Court in June 2016 for infringing Land Rover's intellectual property rights and suspected of unfair competition.

Intellectual property rights include appearance patents, copyright, etc., as for the relationship between Land Wind X7 and Land Rover Aurora, I believe netizens also know how to distinguish; unfair competition, although brand positioning and price do not have much competitive relationship, but whether it is easy to lead to consumer "confusion", this 01:10 key.

In the end, after nearly three years of litigation, the Beijing Chaoyang District Court ruled that five model designs of Lufeng X7 made by China Jiangling Motor directly copied the design of range Rover Aurora, causing confusion among consumers. Jiangling ordered Jiangling Motor to stop the infringement immediately, and the production and sale of the current Lufeng X7 stopped.

Lu Feng's claim of independent intellectual property rights was eventually remembered by history and people under the name of "plagiarism".

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