Suddenly 429HP Is Not Enough

[landtuna]

Helloooooo EQUUS!

http://autos.yahoo.com/blogs/motoramic/equus-unveils-detroit-newest-muscle-car-250-000-194128946.html

 

[shagnat]

If the car looked half as hot as the female, it'd be awesome...... but, that's one fugly crossbred Charger/Mustang!!

 

[katman0]

If the car looked half as hot as the female, it'd be awesome...... but, that's one fugly crossbred Charger/Mustang!!

Agreed. It looks sort of like a Frankenstein. Brutal strength but a face only a mother could love.

 

[homeofstone]

Equus name is maybe a problem since this company and Hyundai both use it. I wonder if lawsuits are on the way.

 

[Vermillion3]

With a side profile like that how is Ford not getting its lawyers fired up? I mean at least try to make it look a bit different. Plus the name this company is trying to run with the big dogs and looks to pick a fight with two(Ford, Hyundai) of the biggest, right out of the gate. I admire the spirit and effort though. I wonder if the company was started by one of Andrei Tupolev's kids?

 

[Seattle Genesis]

Helloooooo EQUUS!



http://autos.yahoo.com/blogs/motora...roit-newest-muscle-car-250-000-194128946.html

I see this commercial was filmed in lovely Detroit area. ;/

 

[acoga]

Equus name is maybe a problem since this company and Hyundai both use it. I wonder if lawsuits are on the way.

I think Hyundai will be obligated to send them a cease and desist. One important aspect of trademark law is that if you don't actively defend your mark, you can lose it. That's why if you use the term "xerox" as a verb in print, you will hear from Xerox's lawyers. So it's not so much that they fear this little obscure car will have any REAL impact on their brand, but more that if they don't take action it can come back to bite them in the future since it establishes a pattern of non-defense.

 

[homeofstone]

I think Hyundai will be obligated to send them a cease and desist. One important aspect of trademark law is that if you don't actively defend your mark, you can lose it. That's why if you use the term "xerox" as a verb in print, you will hear from Xerox's lawyers. So it's not so much that they fear this little obscure car will have any REAL impact on their brand, but more that if they don't take action it can come back to bite them in the future since it establishes a pattern of non-defense.

Yes, I know. I went through this about 29 years ago when I was in charge of the copyrights and trademarks of The University Of Georgia. We discovered a ring company making unauthorized senior graduation rings and always the street corner T shirt vendors.

 

[EXBMWGUY]

I don't understand why the attorneys aren't hyperventilating over the copyright and design patent infringement. However, I guess there's the possibility they can't catch their collective breath looking at the girl.

 

[Mark_888]

According to Wikipedia:

"Equus Automotive an American automobile manufacturer was formed in 2009 as a corporation in the State of Georgia and is currently based in Rochester Hills near Detroit."​

Here is the State of GA corporate registration status:

Entity Id: 3038328
Model Type: Corporation
Locale: Domestic
Qualifier: For-Profit
Business Name: EQUUS AUTOMOTIVE, INC.
Registration Date: 8/06/2009
Entity Status: Active/Compliance​

Here is the registration info for their website:

Domain Name: EQUUS-AUTOMOTIVE.COM
Registrar: 1 & 1 INTERNET AG
Whois Server: whois.schlund.info
Referral URL: http://1and1.com
Name Server: NS1.GEARHOST.COM
Name Server: NS2.GEARHOST.COM
Status: ok
Updated Date: 11-nov-2013
Creation Date: 10-nov-2008
Expiration Date: 10-nov-2014​

I know that Hyundai did not choose the Equus name for the car to be called in the US until after 10-nov-2008 because they were seeking input from Hyundai Think Tank members (don't recall exactly when that happened, but I joined Hyundai Think Tank in 2009).

I will be sending Hyundai Motor America a bill for my services (or maybe I should send the bill to Equus Automotive).

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[homeofstone]

According to Wikipedia:

"Equus Automotive an American automobile manufacturer was formed in 2009 as a corporation in the State of Georgia and is currently based in Rochester Hills near Detroit."​

Here is the State of GA corporate registration status:

Entity Id: 3038328
Model Type: Corporation
Locale: Domestic
Qualifier: For-Profit
Business Name: EQUUS AUTOMOTIVE, INC.
Registration Date: 8/06/2009
Entity Status: Active/Compliance​

Here is the registration info for their website:

Domain Name: EQUUS-AUTOMOTIVE.COM
Registrar: 1 & 1 INTERNET AG
Whois Server: whois.schlund.info
Referral URL: http://1and1.com
Name Server: NS1.GEARHOST.COM
Name Server: NS2.GEARHOST.COM
Status: ok
Updated Date: 11-nov-2013
Creation Date: 10-nov-2008
Expiration Date: 10-nov-2014​

I know that Hyundai did not choose the Equus name for the car to be called in the US until after 10-nov-2008 because they were seeking input from Hyundai Think Tank members (don't recall exactly when that happened, but I joined Hyundai Think Tank in 2009).

I will be sending Hyundai Motor America a bill for my services (or maybe I should send the bill to Equus Automotive).

Hyundai has used the Equus name for over 10 years.

 

[EXBMWGUY]

I will be sending Hyundai Motor America a bill for my services (or maybe I should send the bill to Equus Automotive).

Don't look at the girl too long!

 

[Mark_888]

Hyundai has used the Equus name for over 10 years.

The first generation Equus was designed by Mitsubishi Motors and jointly manufactured by Mitsubishi and Hyundai starting in 1999. Mitsubishi sold their own version under a different name. The first generation Hyundai Equus was sold in South Korea, China, and the Middle East. A very limited number, badged as the Centennial, were made available for some western European markets in the early and mid-2000s.

The second generation Equus started in 2009 Model Year, but was not introduced into the US until the 2011 Model Year. Before it was announced for the US market, HMA was undecided as to whether to import it to the US, and what to call it. I know this from surveys conducted on Hyundai Think Tank. The Equus was "announced" in the US at the 2009 Pebble Beach Concours d'Elegance, and was unveiled in 2010 New York Auto Show.

I am not a copyright or trademark expert, and given the above history of Equus Automotive and the Hyundai Equus, who has a case for copyright or trademark infringement, and if so, what country or countries that would apply to. Another thing is that Equus is the name of the company that produces the Bass770 model, and Hyundai is the name of the company that produces the Equus model.

 

[Mark_888]

Don't look at the girl too long!

You may be interested in these links (please don't look while driving or while operating heavy machinery):
http://www.viewmanagement.com/models/1947-ludmilla-dom-perignon
https://www.google.com/search?q=lud...e=univ&ei=1lTXUt2vLMfmsATbhoKACw&ved=0CCgQsAQ

 

[Mark_888]

I see this commercial was filmed in lovely Detroit area. ;/

Equus Automotive is currently based in Rochester Hills near Detroit. Many of the mechanicals are from GM.

 

[homeofstone]

The first generation Equus was designed by Mitsubishi Motors and jointly manufactured by Mitsubishi and Hyundai starting in 1999. Mitsubishi sold their own version under a different name. The first generation Hyundai Equus was sold in South Korea, China, and the Middle East. A very limited number, badged as the Centennial, were made available for some western European markets in the early and mid-2000s.

The second generation Equus started in 2009 Model Year, but was not introduced into the US until the 2011 Model Year. Before it was announced for the US market, HMA was undecided as to whether to import it to the US, and what to call it. I know this from surveys conducted on Hyundai Think Tank. The Equus was "announced" in the US at the 2009 Pebble Beach Concours d'Elegance, and was unveiled in 2010 New York Auto Show.

I am not a copyright or trademark expert, and given the above history of Equus Automotive and the Hyundai Equus, who has a case for copyright or trademark infringement, and if so, what country or countries that would apply to. Another thing is that Equus is the name of the company that produces the Bass770 model, and Hyundai is the name of the company that produces the Equus model.

Below is a photo of the 1999 Hyundai Equus featured in Car and Drive mag.
I only stated that Hyundai had been using the name for over 10 years. I also worked for Goodyear when we lost a lawsuit due to calling one of our tires "Big Foot" in a TV commercial. Big O Tire already had used that name.

 

[Mark_888]

Below is a photo of the 1999 Hyundai Equus featured in Car and Drive mag.
I only stated that Hyundai had been using the name for over 10 years. I also worked for Goodyear when we lost a lawsuit due to calling one of our tires "Big Foot" in a TV commercial. Big O Tire already had used that name.

Yes, I agree that Hyundai sold the Equus in Korea since 1999, but since it was not introduced to the USA until 2010 Model Year, not sure how that effects USA copyright or trademark law.

I presume the Goodyear and Big O Tire marketing of "Big Foot" both happened in the USA. As I said, not sure what happens when multiple countries are involved. Also, Equus Automotive is the name of the company, not the model name.

 

[homeofstone]

Re: copyright and trademark, it will be interesting to see how this plays out. The USA does have bilateral agreements with S. Korea covering trade and intellectual property and also through WIPO (World Intellectual Property Organization).

 

[427435]

When it comes to trademarks, you have to both trademark it AND be the first one using it. If Hyundai did not trademark "Equus" as a car model/name, anyone can use it on a car. If "Equus" was only trademarded for use on a car, someone else can use it on something other than a car.

 

[Mark_888]

When it comes to trademarks, you have to both trademark it AND be the first one using it. If Hyundai did not trademark "Equus" as a car model/name, anyone can use it on a car. If "Equus" was only trademarded for use on a car, someone else can use it on something other than a car.

The general rule is whether two companies using the same trademark name can cause confusion in the marketplace. That is why both products named Equus have to be cars/vehicles in order to be successful in a trademark lawsuit.