April 2005
Nissan fights Audi over the letter "Q"
Nissan is seeking an injunction and damages against its German rival, Audi, over the use of the letter Q to identify its new sports vehicles. Nissan claims that Audi is infringing its trade marks.
Nissan has used the letter Q as an identifier, synonymous with its luxury brand of Q45 and QX4 cars for the last 15 years and it has US registered trade marks in the names and in the strap line "The new Q". Nissan is determined to block the marketing of Audi's new Q7 sports vehicle, which is planned to launch in the US next year.
BRIFFA Comment:
A trade mark functions as not only an indicator of origin of the goods and/ or services of a particular company but it can also indicate quality, reputation, the renown of the producer, or even a way of seeing life. Words, logos, shapes, sounds, colours, letters, numbers and combinations of these can qualify for trade mark protection. This case raises the issue where two businesses with identical or similar marks clash in the same or similar field of activity. Does there exist a likelihood of confusion and association with the earlier mark?
On the one hand, there is a clear reluctance to extend trade mark protection in such a way as to prevent the use of common letters, words, symbols etc. On the other hand, a company should not be permitted to freeload off the back of a very strong global brand by using a similar or identical mark. A balance must be struck. However, there exists many US registered trade marks consisting of just the letter Q or a combination. It will be interesting to see the outcome of this case.