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Norton suing...Norton!
Just received this email this morning, all quite confusing!
Press Release
On Monday 26 February Andover Norton International Limited issued court proceedings against The Norton Motorcycle Co. Limited for breaching the terms of ANIL’s exclusive trade mark licence agreement to use the NORTON and COMMANDO trade marks to sell spare parts and assemblies for vertical twin cylinder engine Norton motorcycles made between 1952 and 2002.
In the same court proceedings ANIL is also suing The Norvil Motorcycle Co. Ltd for trade mark infringement and passing off, in relation to its use of the NORTON and COMMANDO trade marks to sell spare parts and assemblies for vertical twin cylinder engine Norton motorcycles made between 1952 and 2002. The full list of defendants in the case are: (1) The Norvil Motorcycle Co Ltd, (2) Ms Susan Miriam Emery, (3) Mr Leslie John Emery, (4) Norton Motorsports, Inc, and (5) The Norton Motorcycle Co Ltd.
ANIL’s exclusive licence was granted in November 2003 by Norton Motorsports Inc., a predecessor of The Norton Motorcycle Co. Limited. Once an “exclusive” licence has been granted then no further licences can be granted for the same rights. This is a strict legal requirement.
The NORTON and COMMANDO trade marks to which ANIL’s 2003 exclusive licence relates were acquired on 17 April 2020 by The Norton Motorcycle Co. Limited, which belongs to the Indian company TVS Motor Company Limited. The Norton Motorcycle Co. Limited became the licensor of the trade mark rights to ANIL at that time.
Shortly afterwards on 5 May 2020 UK trade mark No 2128517 for NORVIL and UK trade mark No 2128766 for COMMANDO were assigned by The Norvil Motorcycle Co. Ltd to The Norton Motorcycle Co. Limited.
The Norvil Motorcycle Co. Ltd uses the trade marks NORTON and COMMANDO to sell spare parts and assemblies for vertical twin cylinder engine Norton motorcycles made between 1952 and 2002. The Norvil Motorcycle Co. Ltd states on its website:
“We are proud to have a license from the Norton brand name owners to manufacture and supply genuine parts. With this we can manufacture and supply parts for the Norton Dominator and Norton Single plus the Norton Commando and Norvil too, for all of the pre 1977 models.
With the latest acquisition of the Norton brand by the TVS group, our license has been further strengthened.”
The use by The Norvil Motorcycle Co. Ltd of the trade marks NORTON and COMMANDO to sell spare parts and assemblies for vertical twin cylinder engine Norton motorcycles made between 1952 and 2002 contravenes ANIL’s 2003 exclusive licence. Further, the granting of any licence to The Norvil Motorcycle Co. Ltd to use the trade marks NORTON and COMMANDO to sell spare parts and assemblies for vertical twin cylinder engine Norton motorcycles made between 1952 and 2002 would contravene the terms of ANIL’s trade mark licence with The Norton Motorcycle Co. Limited.
ANIL’s court action against The Norton Motorcycle Co. Limited and The Norvil Motorcycle Co. Ltd also accuses both parties conspiring and causing damage to ANIL through breaching of the terms of ANIL’s exclusive 2003 licence.
ANIL’s court proceedings were filed with the Intellectual Property Enterprise Court, and are now a matter of public record.
ANIL will not make any further comment on the ongoing proceedings.
The Board of Directors at Andover Norton
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| 29-02-2024, 10:08 AM |
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