Two companies named in the Lambretta Consortium’s claims of trademark infringement say they have legitimate rights to use the Italian scooter brand’s name.
Clag International and Motom Electronics Group (MEG) have released a joint statement saying Italian courts have ruled their licenses to use the Lambretta name are valid. The statement was released in response to the Lambretta Consortium’s announcement about taking legal action against unlicensed use of the brand.
MEG and Clag claim they received sub-licenses to use the Lambretta trademark in 2010 from Fine Wine Line Ltd., which manages the rights to the brand on behalf of the Lambretta Consortium.
The Lambretta Consortium however claims on its website, www.lambretta.com, Motom’s sub-license agreement was terminated in December 2010 due to a breach in its contract. The Consortium also claims Clag’s sub-license was also terminated due to a failure to pay royalties and other contractual breaches.
Motom and Clag counter that argument, saying Italian courts have ruled three times in their favor (most recently in a May 30, 2011 injunction), saying their sub-licenses cannot be revoked as there was no reason for terminating their contracts.
The two companies currently offer two models bearing the Lambretta name, the Lambretta LN125 (pictured above), and the Lambretta LS125.
[Source: Clag and Motom]
Lambretta Clamps Down on Alleged Trademark Infringement
Lambretta: This is Not an Imitation!
MILAN, August 8, 2011 /PRNewswire/ —
With reference to the statement sent on 2nd August 2011 by Lambretta SA (company in liquidation) to the press agencies worldwide, the companies Motom Electronics Group S.p.a. (MEG) and Clag International Ltd (CLAG) jointly specify as follows:
1) The trademark Lambretta was sold in 1972 by the Innocenti family, founder of the brand, to an Indian company called “Scooters India Ltd” (SIL).
2) In 2006, SIL granted a license for the use of the trademark Lambretta to an English company called Fine White Line Ltd. (FWL).
3) In 2010, FWL granted sub licenses for the use of the trademark Lambretta to MEG and CLAG for Class 12 products (engine power vehicles).
MEG and CLAG therefore use the trademark Lambretta by virtue of license agreements which allow them to sell, in most countries of the world, scooters with the trademark Lambretta.
Despite the legitimacy of the use of the mark Lambretta by MEG and CLAG, the “Lambretta Consortium” for several years has been trying to revoke the rights of the original Lambretta trademark, owned by SIL, alleging that the trademark had not been put to genuine use, with the purpose of prevailing with subsequent registrations of the trademark Lambretta made by the Consortium.
The Court in Milan (Italy) with three decisions (decision n. 8912/2010 of the 7.7.2010; injunction of 26.11.2008; injunction of 30.5.2011) has established that the trademark Lambretta owned by the Company SIL is valid and cannot be revoked and decided that so far there are no reasons to consider terminated the sub-license contract for the use of the trademark Lambretta.
Defeated in the Italian courts, the Lambretta Consortium is seeking to stop the industrial and commercial activities of MEG and CLAG, by taking actions around the world aimed at preventing suppliers and distributors of the legitimate sub-licensees from continuing the collaboration with MEG and CLAG.
At present the Lambretta Consortium is issuing press releases worldwide. In addition, the Lambretta Consortium filed an application to the OAMI, the European trademark and patent office, in order to register under the name of its holding company, Lambretta Srl, the intellectual property of the industrial models of a scooter designed and previously registered by CLAG.
These actions will be pursued before via MEG and CLAG’s lawyers.
MEG and CLAG, confident of their rights, wish to inform their clients and suppliers that they continue with their industrial and commercial network, the re-launch around the world of the mythical brand Lambretta, of which they confirm to be legitimate sub-licensees.
Milan, 8th August 2011
Motom Electronics Group S.p.a.
Clag International Ltd