[Vik0728]

OMG...Just today evening I spotted my first Skoda Rapid Monte Carlo edition on road, and it looked just stunning in the Red shade, and now I read this!!

So what happens to the ones who have already purchased this variant? Do they get a week's supply of the Monte Carlo clothing??


Jokes aside, Skoda seems to be getting all the hype for wrong reasons of late.
Back in 2013 when there was a huge discount on one of the last Laura vRS (in Blue Shade), this was was the reason I left that pass, and probably is still the reason I am not really sure about the Octavia vRS in 2017 !!

[sibot]

I hope Skoda appeals the order in a higher court. Here are some facts that I want to clear out for fellow members -

1. Even though a trademark is registered in one class, the infringement of the same can apply to other classes too, if the trademark is proved to be a well known trademark.
2. To put it in a few words, a well known trademark is such that could be mistaken by a common man with general capacity and ability to be the mark of the registered trademark.

Judicial precedents would show that a proper noun like Monte Carlo would stand even a more difficult test for cross class infringement as it cannot be appropriated by one single person.

I would have to read the order in detail to see what facts and arguments were put forth by the lawyers of Monte Carlo clothing brand to justify being recgonised as a well known trademark.

Being a lawyer, the brief perusal of the facts raises several red flags. And I feel that Skoda has a good chance of having the order overturned in appeal.

EDIT: Seems like it is a temporary injunction and the case is yet to be argued on facts and merits. So a final order is still far away.

[hrman]

Wow. There are interesting possibilities:
1. A wife asking her husband for a Monte carlo (sweater) and the over enthusiastic and rich hubby buys a Skoda Monte Carlo.
2. Child wants a TT underwear, the father buys an AUDI TT.

Its just a matter of time that some one files a case against the Tata group for infringment on the grounds that Tata is a word used while bidding farewell. Will they rename it to "ByeBye"?
ByeBye steel, Byebye motors, the possibilities are endless.

Coming back to the topic, it appears Skoda has not done its homework on this. When their VW group company Audi faced a similar infringment notice, why didnt they learn from their own sister concern is anyones guess. Guess we can give it to Skoda. They were possibly not aware that "Laura" itself sounded like a modified expletive in Hindi.

[MaxTorque]

In my opinion, it would have been helped the garment manufacturer in a big way.

By the way, our court ruled favourably to TVS Motors when there was a legal battle between them and Honda over City brand name. The court allowed TVS to use the Star City brand name.

[deetjohn]

This is such a shame! Cheap opportunistic move by the apparel maker.

The Facts

In the 1930s, the company — now under the name ŠKODA — made a return to motorsports. The ŠKODA Popular gave a powerful boost in 1934 as the first ŠKODA with a modern central tube frame. In 1936, Zdeněk Pohl and Jaroslav Hausman finished in an excellent second place in their capacity class with a two-seater ŠKODA Popular Sport at the Monte Carlo rally. Encouraged by this success, ŠKODA subsequently presented the particularly sporty ŠKODA Popular Sport Monte Carlo special models.

Initially having expertise in hosiery and woollens it was in 1984 when Monte Carlo was launched as a brand, which was a significant step in the evolution of branded garment industry in India.

source
source

[Reinhard]

I don't think this whole thing should be a big surprise in today's ruthless business world. Skoda should have basically done a basic check first. They'd have obviously understood then that they should pay up some gift to the apparel maker to keep them happy while using the brand.

It shouldn't be a big deal to use a city's name in a car version, especially since they have been doing it since a long time now. At the same time, legally speaking, nothing wrong on Monte Carlo apparel's part either. Basically one of their management team will also have a target to improve profits. In almost all the cases (and that will mostly include this one too) the matter gets resolved in an out-of-court settlement where the new fellow pays money to make the existing trademark owner happy. Ways of capitalistic markets and businesses basically.

That royalty payment will be used perhaps to show even higher profits in the quarter which is anyway going to see the highest sales of the year as winter is coming up. Good appraisal ahead for the marketing manager ahead at Monte Carlo. Thats about it.

[abhishek46]

I think the guys at Skoda need to be a little more pragmatic.
If there is a problem with Monte Carlo, they could have just changed the name a little bit, like say "Monty Carlos". Who cares?

I would not be surprised if Skoda goes ahead and instruct it's 'talented' dealerships to make the slight changes in the Badge themselves.

[ferrarirules]

Originally Posted by deetjohn

This is such a shame! Cheap opportunistic move by the apparel maker.

Yes for sure it is an opportunistic move. With winters coming, there is nothing like free publicity and advertisement. The apparel brand was in headlines on mainstream news, trending on social media what else will they want. Plus some work for their idling legal team.

[Fulcrum]

Skoda Rapid "Monte Carlo edition" relaunched as "Edition-X".

[GTO]

Originally Posted by Fulcrum

Skoda Rapid "Monte Carlo edition" relaunched as "Edition-X".

Now, imagine if Toyota sues them for trademark infringement - Etios Cross X-Edition .

100 bucks says an MBA in Skoda wanted to cash in on the 'iPhone X' euphoria . Now, like the iPhone confusion, is it edition 'ecks' or edition '10'?

[bhpfaninblr]

Originally Posted by GTO

Now, imagine if Toyota sues them for trademark infringement - Etios Cross X-Edition .

100 bucks says an MBA in Skoda wanted to cash in on the 'iPhone X' euphoria . Now, like the iPhone confusion, is it edition 'ecks' or edition '10'?

It is edition X vs. x edition. So there should be no infringement!

[roamer012]

Originally Posted by sibot

I hope Skoda appeals the order in a higher court. Here are some facts that I want to clear out for fellow members -

1. Even though a trademark is registered in one class, the infringement of the same can apply to other classes too, if the trademark is proved to be a well known trademark.
2. To put it in a few words, a well known trademark is such that could be mistaken by a common man with general capacity and ability to be the mark of the registered trademark.

Judicial precedents would show that a proper noun like Monte Carlo would stand even a more difficult test for cross class infringement as it cannot be appropriated by one single person.

I would have to read the order in detail to see what facts and arguments were put forth by the lawyers of Monte Carlo clothing brand to justify being recgonised as a well known trademark.

Being a lawyer, the brief perusal of the facts raises several red flags. And I feel that Skoda has a good chance of having the order overturned in appeal.

EDIT: Seems like it is a temporary injunction and the case is yet to be argued on facts and merits. So a final order is still far away.

In continuation with above, even MNCs use the same tactic. IKEA, the Swedish company, also went after other businesses in India which not only included companies with name "Ikea" but also after companies with name IKYA etc. which were in unrelated fields.
IMHO, it is about protecting one's brand in most of the cases but yes maybe some cases do haggle for brand promotion or bragging rights for example comparison of Everest Masalas or TT Undergarments to automobile counterparts.

[srivatsahg]

Hope they won't be sued again now for trademark infringing by Rapidex (English speaking course) company .

[volkman10]

ŠKODA AUTO India to re-introduce the Monte Carlo marque.






ŠKODA AUTO India to re-introduce the Monte Carlo marque:

› The premium Monte Carlo range pays homage to ŠKODA’s Motorsport Heritage and Rallye Monte Carlo

› The ŠKODA RAPID Monte Carlo will be the first variant within the Monte Carlo marque

› ŠKODA RAPID Monte Carlo will be available at an ex-showroom price of INR 11.16 lacs

› Black design elements underline the RAPID Monte Carlo’s assertive and dynamic appearance

› SuperSport flat-bottom steering wheel, 16” dual tone Clubber alloy wheels, plush Monte Carlo leatherette upholstery, stainless steel foot pedals and scuff plates accentuate the sporty character of the new ŠKODA offering

› Equipped with 1.5L TDI and 1.6L MPI engine, the RAPID Monte Carlo is available exclusively in Flash Red

https://www.youtube.com/watch?v=1y50VBtHziI

ŠKODA RAPID MONTE CARLO PRICE SUMMARY:

MODEL PRICE (EX-SHOWROOM, INDIA)

1.6 MPI Petrol Engine, Manual Transmission INR 1,115,599

1.6 MPI Petrol Engine, Automatic Transmission INR 1,235,599

1.5 TDI CR Diesel Engine, Manual Transmission INR 1,299,599

1.5 TDI CR Diesel Engine, Automatic Transmission INR 1,425,599

Source: ŠKODA

[Vid6639]

How many times will they relaunch the same thing. First Monte Carlo, then Edition X and now back to Monte Carlo.

They really need to figure some other way if they just want to extend the life of the Rapid. It is way too long in the tooth now.