Hyundai Telling Dealers They Cannot Swap Genesis Emblems

[Stoofpilot]

It was a dealer in DC but it was Not the dealer I ended up buying the car from. Parkway has one with Wings on it right now.

 

[dg_moore]

I hate that too. At the last minute I decided not to put the wing badge on my hood. I really like the clean look of the design as it is. However, I do find a well installed hood badge quite dashing. I see a lot on this forum that look great.

Ron

I opted against the hood emblem from the beginning. I think the car looks a lot better without it, but to each his own

 

[MrB0462]

Put them on yourself - front badge literally takes less than 3 minutes including unwrapping the badge.

Rear takes all of 10 minutes on work, 5-10 additional eleapse time to let the WD 40 loosen the old adhesive before removing. Heat gun not necessary.

 

[Stoofpilot]

I think that there are a few dealers who just do not want to go through the hassle of doing it.

 

[NTI 987]

I can tell you for a fact that this is nonsense. We've done it plenty of times and have never been told that. (See signature)

 

[RLREILLY81]

So do it yourself, it is cheap and easy to do. There is even a YouTube video of a guy doing a genesis emblem:
YouTube- How to rebadge the trunk lid of your Hyundai Genesis

In this video the Wing Emblem posts fits perfectly into the existing holes. I have read that they dont fit. Am I missing something, I could have sworn that someone said you would have to use a dremmel tool to cut them off.

 

[jkohn]

In this video the Wing Emblem posts fits perfectly into the existing holes. I have read that they dont fit. Am I missing something, I could have sworn that someone said you would have to use a dremmel tool to cut them off.

There are two versions of the wing emblem, one meant for the trunk and one meant for the hood. They are not the same.

For the trunk emblem, the existing holes will fit if you use the right part.

For the hood, there are no holes obviously, since there isn't an existing 'H' logo. So you have to dremel off the posts for the hood badge to use it.

 

[QCTLG]

I could have sworn that someone said you would have to use a dremmel tool to cut them off.

You need the dremmel tool if you install the winged logo on the FRONT hood, not the back.

 

[RLREILLY81]

QCTLG and jkohn thanks for the clarification. I knew I read it about one of them obviously I didnt pay enough attention to which one needed the dremmel! Thanks guys!

 

[MrB0462]

If you don't have a dremmel an exacto knife/saw or wire cutter/nipper can also do the job.

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[heatfan5]

sounds like bullshit i just bought mine and they put everyone on mine for free

 

[Jeff@OCHyundai]

We rear badge all of our Genesis sedans the moment they arrive. Also we DO NOT charge our customers, rather we do it as a curtesy.

 

[jpfarmer]

This is definitely BS. The first 2012 Genesis I drove in McKinney, TX had already been rebadged and the GM was driving it as his personal car.

 

[Mark_888]

It is probably not BS that HMA "asked" dealers to not rebadge them (because they think the "H" on the Genesis improves the overall Hyundai brand image), but dealers are independent companies and can do what they want once they purchase the cars from HMA. It is very unlikely there was anything in the orginal dealer agreement prohibiting such practices (which was signed long before the Genesis came around).

 

[trotti]

Unless there is a clause in their dealership contract that specifically prohibits them from making mods, or using KDM emblems, there is not much HMA can do about it.

I would tend to disagree. In many distribution/sales outlet agreements there are plenty of vaguely worded clauses that allow the owner of the brand to step in and enforce ad hoc brand management directives - Hyundai would clearly have the leverage in any agreement negotiation with a dealer and although this is speculation, I would bet my bottom dollar that they wouldn't allow anything that would seriously jeopardize Hyundai's name in the US. I am quite sure that Hyundai was smart enough to allow for the contractual right to protects its trademarks (pretty standard in these types of agreements) but this is balanced with Hyundai's concern of keeping its dealers happy and allowing them to upcharge where they can.

If faced with a lawsuit, I could see Hyundai moving as the OP's dealership rep suggests. And as a trademark attorney, I can say without a doubt that the existence of other similar trademarks doesn't preclude Mini from preventing Hyundai from using a mark "confusingly similar" to its mark. This prompted me to do a bit of research and I found that BMW does own registrations for the mini badge (the one with the wings) and it appears that Aston Martin and others do not have a live trademark registration.

Still further, it appears Hyundai hasn't even bothered to apply for the registration of the mark "GENESIS" which is surprising. Of the marks Hyundai has registered they are poorly drafted so I can see Hyundai spooking with any potential claim against it from BMW with a registered mark. BMW's MINI marks were initially registered in 1997 and are broad and quite strong (registration numbers 27/57755, 28/55714, 29/07546 and 33/56834 for those of you who are curious). Although there are prior users of the mark as has been pointed out on this forum repeatedly, there can be no newcomers so long as BMW's mark subsists. So, Aston Martin et al. can continue using their marks as they were "prior users" that didn't bother registering the marks with the US Patent and Trademark Office, but "junior users" (such as HMA) would be prevented from using a similar mark. So - I think that it is entirely legitimate that BMW caused a stink with the Genesis wing emblem and would have every right to prevent its use in the US (and likely other foreign jurisdictions).

This is merely speculation of a general nature and is not to be considered legal advice

 

[spugger]

I can confirm! My dealer initially told me it would be no problem, was going to throw them in for free, but just asked that I pay his body shop guys the labor which I said was OK. When I went to pick up the car, they only had the hood emblem in stock. I told him I didn't mind waiting, but when we went over to the parts department, he had just gotten off the phone with his distributor who told him the same story that HMA has asked all the distributors to stop selling them because of some copyright issues being generated in South Korea. My guess is that lawyers are involved somehow

 

[Mark_888]

I would tend to disagree. In many distribution/sales outlet agreements there are plenty of vaguely worded clauses that allow the owner of the brand to step in and enforce ad hoc brand management directives - Hyundai would clearly have the leverage in any agreement negotiation with a dealer and although this is speculation, I would bet my bottom dollar that they wouldn't allow anything that would seriously jeopardize Hyundai's name in the US. I am quite sure that Hyundai was smart enough to allow for the contractual right to protects its trademarks (pretty standard in these types of agreements) but this is balanced with Hyundai's concern of keeping its dealers happy and allowing them to upcharge where they can.

If faced with a lawsuit, I could see Hyundai moving as the OP's dealership rep suggests. And as a trademark attorney, I can say without a doubt that the existence of other similar trademarks doesn't preclude Mini from preventing Hyundai from using a mark "confusingly similar" to its mark. This prompted me to do a bit of research and I found that BMW does own registrations for the mini badge (the one with the wings) and it appears that Aston Martin and others do not have a live trademark registration.

Still further, it appears Hyundai hasn't even bothered to apply for the registration of the mark "GENESIS" which is surprising. Of the marks Hyundai has registered they are poorly drafted so I can see Hyundai spooking with any potential claim against it from BMW with a registered mark. BMW's MINI marks were initially registered in 1997 and are broad and quite strong (registration numbers 27/57755, 28/55714, 29/07546 and 33/56834 for those of you who are curious). Although there are prior users of the mark as has been pointed out on this forum repeatedly, there can be no newcomers so long as BMW's mark subsists. So, Aston Martin et al. can continue using their marks as they were "prior users" that didn't bother registering the marks with the US Patent and Trademark Office, but "junior users" (such as HMA) would be prevented from using a similar mark. So - I think that it is entirely legitimate that BMW caused a stink with the Genesis wing emblem and would have every right to prevent its use in the US (and likely other foreign jurisdictions).

This is merely speculation of a general nature and is not to be considered legal advice

The reason that Hyundai does not want the wings used is that they specifically are marketing the Genesis in the US as a Hyundai brand (instead of Genesis brand) in order to build and improve the Hyundai brand name in the US. It has nothing to do with trademark violations (that is just a BS excuse to hide the real reason). There is actually not much "hiding" going on, since Hyundai executives have stated many times that the reason the Genesis and Equus are being sold as Hyundai outside of Korea is to build the Hyundai brand name (even though these cars do not have Hyundai emblems in Korea). The Hyundai brand name has improved, but it suffered mightily from the horrors of the 1980s when Hyundai first came to the US, and you might be surprised how many Camry and Accord buyers still don't even look at Sonata when shopping.

There are plenty of companies using wings on their emblem, and the Genesis wings actually have the word Genesis printed on them, so there is no confusion. Interestingly, I noticed that Paul Jr Designs (American Chopper) uses "Bentley style" wings in his logo, and no one is suing him for trademark infringement that I know of, even though his logo is plastered all over the Discovery Channel on a frequent basis.

As noted by others, some dealers are still getting the wings (from independent importers just like members of this forum get them) and still installing them.

BTW, regarding your first paragraph, that is just not so in the auto business. Many companies purchase cars, customize them with non-OEM parts, and resell them. AMG did that for years on MB (untill MB bought AMG so they could do it themselves). Not allowing this kind of activity would violate US anti-trust laws.

 

[Mark_888]

I can confirm! My dealer initially told me it would be no problem, was going to throw them in for free, but just asked that I pay his body shop guys the labor which I said was OK. When I went to pick up the car, they only had the hood emblem in stock. I told him I didn't mind waiting, but when we went over to the parts department, he had just gotten off the phone with his distributor who told him the same story that HMA has asked all the distributors to stop selling them because of some copyright issues being generated in South Korea. My guess is that lawyers are involved somehow

Hyundai may have asked the distributors to stop selling them, but what is to prevent a dealer or owner from buying them off the internet? Nothing.

 

[trotti]

There are plenty of companies using wings on their emblem, and the Genesis wings actually have the word Genesis printed on them, so there is no confusion. Interestingly, I noticed that Paul Jr Designs (American Chopper) uses "Bentley style" wings in his logo, and no one is suing him for trademark infringement that I know of, even though his logo is plastered all over the Discovery Channel on a frequent basis.

I would disagree here - just because others do it doesn't mean that it doesn't cause confusion and just because it says Genesis on the emblem also doesn't prevent confusion. The test generally is, could the use of the mark confuse the average consumer. I think it's a resounding yes as many on this forum have mentioned the resemblance and the fact that it "calls to mind" the Mini and other emblems.

Mini probably wouldn't care about calling to mind the Aston Martin logo (which few but enthusiasts can even identify) but they likely would take issue with confusion with Hyundai.

And - just because Hyundai states a reason for why they chose to use the lazy H doesn't mean that was the actual reason.

 

[trotti]

BTW, regarding your first paragraph, that is just not so in the auto business. Many companies purchase cars, customize them with non-OEM parts, and resell them. AMG did that for years on MB (untill MB bought AMG so they could do it themselves). Not allowing this kind of activity would violate US anti-trust laws.

I think the relationship would be quite different between Hyundai and its dealers and Mercedes and AMG - when an unrelated third party like AMG or other customizer purchase cars, they have no detailed agreement with the car manufacturer in the same way a dealer does; it's really just a supply agreement. Still further, AMG isn't in the business of causing potential lawsuits by starting trademark claims against Mercedes (as its customization wouldn't go towards rebranding it with a potentially confusing mark of a competitor). When a dealer rebadges a car that has the potential to cause confusion, it could land Hyundai in hot water with the owner of a registered mark.

This is getting into the weeds a bit, and unfortunately trademark law doesn't always strictly follow what would make sense from common understanding. Would us lawyers be doing our job if we came up with laws/rules that made any sense?!?!?