[anshumandun]

I think MB is correct and within their legal rights to complain about this. In India, we have no respect for IP.

Originally Posted by paragsachania

These "Audi" buses running across KL-TN-LA roads are exempted

Audi could actually complain against them but then Audi doesn't sell a similar product so they don't really care. However, Volvo did complain when regular buses were using Volvo name to charge more for tickets from customers and people had to remove "Volvo" decals from their buses.

[paragsachania]

Originally Posted by anshumandun

Audi could actually complain against them but then Audi doesn't sell a similar product so they don't really care. However, Volvo did complain when regular buses were using Volvo name to charge more for tickets from customers and people had to remove "Volvo" decals from their buses.

Quite simply, copyright infringement and I am very much aware of this. It was only to say that if the authorities' eyes were caught by the Merc Logo on a MSIL Product, they should have always managed to catch the buses sporting Audi emblems.

Here in this case, It could very well be MBIL who may have complained rather than RTO themselves being way too smart to apprehend this fella.

[sreerknair]

Originally Posted by PearlJam

Legalities aside (which I completely agree to, in posts mentioned earlier), assuming that MB is responsible for filing the complaint, I think MB is the end loser here. Consider the scenarios:

• MB gets free publicity about their "brand" through this Baleno
• What does MB gain by harassing him? Nothing. In short, they have lost some goodwill. He doesn't look like a threat to MB in any way.

This is not how marketing works in a business like Mercedes. These are high-end products targeted to consumers with high buying power. These consumers do not want to be associated with the segments below that and they want to maintain the exclusivity of the products they own. Consider a scenario where many low priced cars carry the Merc emblem. This will surely turn away the actual customers of Merc. They don't want to lose their genuine customers for a possible publicity.

[dileepcm]

Based on a local online newspaper, The issues between its earlier and current owners led the situation to be a police/RTO Complaint following to which RTO has taken actions.

Source

[libranof1987]

On the fence on this one; can't decide if the action taken is appropriate.

Would all the mods but without the MB logo be not an IP/Copyright infringement?

This reminds me of two incidents:

1) The crackdown on non-Volvo buses wrongly advertising themselves as Volvo (which was apparently initiated after Volvo complained to authorities)

2) Hyundai considering legal action against the makers of Delhi Belly because the odd-looking car in the movie resembled a Santro

http://www.team-bhp.com/forum/indian...ml#post2418244

Originally Posted by paragsachania

Here in this case, It could very well be MBIL who may have complained rather than RTO themselves being way too smart to apprehend this fella.

Quite likely. Point 2 above.

[mayanksabharwal]

RTO and cops did not confiscate the Maruti because it was modified.

Here is the real story according to Rushlane

The car was bought on the basis of emi by the 1st party and sold it to his friend without changing the name in RC book and the friend changed the apperance to mercedes and again sold it to a 3rd party and the 1st party filed a case with RTO.

https://www.rushlane.com/modded-maru...-12215992.html

[sandeepmdas]

If the RTO action was based on a complaint from MB, (that's what I heard) we should support MB for taking the legal route.

The car does look very similar to a Merc A-class to the non-petrolheads and laymen. If people start altering their Balenos in a similar manner, it will seriously affect both the brand image and the exclusiveness of the three-pointed star in a negative way. Besides, such altered vehicles would kill the A-class off, with eroded desirability.

An additional issue is the criminal/masked ID situations which have been explained by the others in detail.

Just my 2c.

[theqca]

Reminds me of all the Contessa cars that used to have the Merc grill and logo added in the good old days in Bombay. I still remember seeing one at the showroom before Cadbury House near Breach Candy - people must've been actually asking the showroom guys for that grill and logo to be put on the car or could be the showroom guys trying to sell more cars by throwing in that grill / headlight / logo as a kit perhaps.

Though I'm surprised to see someone trying it now - those Contessa days were a bit different.

[anand.shankar]

Originally Posted by mayanksabharwal

RTO and cops did not confiscate the Maruti because it was modified.

Here is the real story according to Rushlane

The car was bought on the basis of emi by the 1st party and sold it to his friend without changing the name in RC book and the friend changed the apperance to mercedes and again sold it to a 3rd party and the 1st party filed a case with RTO.

https://www.rushlane.com/modded-maru...-12215992.html

That makes more sense, if it was just the logo, then most of the Autorickshaws in Bengaluru have Daewoo, Ford, Audi and a variety of logos.

[OSH]

Another explanation of the complete story :

The first owner of the Baleno, let’s call him Owner A bought a car and gave it to a friend, let’s call him B. B got the car modified at Thrissur, to make it look like a Mercedes Benz A-Class.

Then, A and B have a dispute about something, perhaps about the modified car itself. A goes to the cops and the cops promptly seize the car from B. Then A and B reach a compromise, and the cops give back the car to A.

A sells the Baleno to another guy, let’s call him C. Angry at A, B complains to the cops about something that involves the car. C then realizes that there’s some case on the car, and decides to get out of this mess by simply selling it off. C then puts the car on sale at OLX – an online marketplace meant mainly for used goods, and the car is sold to D. However, the name isn’t changed in the registration certificate. The cops, who’re now following up on B’s complaint about A, promptly seize the car again, but this time from its latest owner – D.

So, the loser in all this drama? D. Why? Because he bought a car already had a ongoing legal case on it. Now, D neither has the money, nor the car with him. The cops are likely to return the car only after the case is solved, which in India, means a few years at least.

Source

[shijanto4]

Originally Posted by mayanksabharwal

RTO and cops did not confiscate the Maruti because it was modified.

Here is the real story according to Rushlane

The car was bought on the basis of emi by the 1st party and sold it to his friend without changing the name in RC book and the friend changed the apperance to mercedes and again sold it to a 3rd party and the 1st party filed a case with RTO.

Thanks for sharing the facts. Now it makes sense. If just an infringing modification was the issue here, then many vehicles in our country should have been in police stations rather than plying on roads! Indeed, the title of this thread is also aptly worded. Don't think it's due to the Merc replica.

[manij]

Originally Posted by OSH

Another explanation of the complete story :


Source

Thanks, very strange story.
Checked the malayalam newspaper articles and the video.
Not clear if there is a party D.
What I understand is:
1) Party A bought a Baleno which was registered in Tirur (Kerala)
2) Party A sold car to his friend Party B, 'without changing name'
3) Party B modified car (unauthorized) to look like Benz in a local workshop
4) Party A quarrelled with Party B and complained to police. At that time, police took action - the vehicle was seized since the vehicle did not have clearance certificate. Later Party A and Party B both reached a compromise/settlement, gave the police in writing they did not have complaints, got the car released.
5) Party B in the meanwhile realized there is something wrong with the procedure they did. They put the car for sale in a used car showroom, and advertised in OLX.
6) Party C saw the ad in OLX and attracted by the beauty of the car bought it - again 'without changing name' on RC.
7) Party B wanted to vent on Party A (or vice versa, I am not able to make out from the segment) complained to Deputy Commissioner Trichur that a Baleno is unauthorizedly modified and running on the road as Benz. The complaint was forwarded to Tirur police for action.
8) The police took action, seized the car. The owner requested 15 days time, within which the car was restored back into a Baleno and brought to the police along with the modified parts.
9) Authorities are deciding on the fines.

[arunrajk81]

Another issue is PY registered Luxury cars running with fake address in other states to evade tax. Those cars not only evade tax in owner’s state, but also escape from fines if they violate speed limit or other traffic offence since the address is fake in the RC. This I feel is a more serious issue than evading tax. Last month in Kerala this issue got into headlines since few celebrities were caught by the media and MVD issued notice to them. When the above issues in headlines, I guess MVD is forced to act based on someone’s complaint and not it’s own. If MVD starts doing their own, they end up catching lots of Enfield-Harleys and other moded vehicles.

When I was studying in Salem, Tamilnadu (I guess in 2001 or 2002), there were few instances where police were issuing fine for Bikes if it’s color is not matching with RC. That was time of Shoguns, RX100s, KB100s and at least 50% of RX100s were repainted by youngsters and that time I was not aware of this Law which might be true for many others.

[ashwin489]

WoW! Bravo to the authorities for cracking down on such heinous crimes.

Of late, I've observed a lot of high-handed behaviour by enthu-cutlet kerala cops for silly offenses like mounting a go-pro on helmet, etc.

Disclaimer: Too lazy to read the context of this entire incident.

[poised2drive]

I think more than the copyright infringement or brand's exclusivity, the bigger issue with these 'Face Altering' Modification arises from the Security Threat .

Apart from traffic violations, most of the crimes like robbery, heists, dacoity or even murders involve usage of Vehicles and those vehicles , more often than not , become the clues for the investigative agencies to track down the culprits.

Now, if the vehicles are modified in such a way that it's appearance deceives the onlookers , it is going to lead to 'mistaken identity' which will unnecessarily veer the process of investigation into a wrong route posing inconvenience to the innocent third parties.

That is the reason why any major modifications have to be notified to the authorities and it is in the best of interest for the society to take punitive action on these illegal mods.