Jaguar Land Rover Limited v. Nissan Jidosha Kabushiki Kaisha (also trading as Nissan Motor Co., Ltd.)

Jaguar Land Rover Limited


Since Article 8(5) is about the intensity of knowledge of a mark, ie exposure of the relevant public to a mark, reputation might be established, in certain cases, not only by proving sales of new products but also by the presence of products previously sold. These cases are those where the product (i) has a long life expectancy and (ii) once sold, is used publicly. These two conditions are met as regards cars: they are used for many years and that use takes place on the roads, i.e publicly.

Comparison of Trademarks


Land Glider