Daimler Loses Badge Battle to Sany

Daimler has lost another round in a global battle to protect its brand against what it perceives to be a similar logo being used by Sany, a Chinese construction machinery firm.


In a judgment released by the Court of Appeal, Justices Ellen France, Helen Winkelmann and Douglas White agreed with decisions made by the High Court and the Assistant Commissioner of Trade Marks.


Daimler had opposed registration of the Sany trademark, arguing that it would deceive or cause confusion because of its similarity to the Daimler trademarks.


Sany was incorporated in China in 1989 and manufactures and exports construction machinery including road rollers, excavators, diggers, hydraulic pumps, buses and cars. The company's application in August 2006 to register its trademark in New Zealand was approved by the Assistant Commissioner of Trade Marks.


Daimler, meanwhile, began as a motor vehicle manufacturer in 1882 and started using the three-pointed star logo on its vehicles internationally in 1909 and in New Zealand in 1911. Today Daimler manufactures cars, trucks, buses and other industrial products under the Mercedes-Benz brand.


Daimler lost a previous appeal over the issue in the High Court in 2014.


Sany's counsel, Michael Lennard, told the Herald that the dispute had been playing out "vigorously" in different jurisdictions across the globe.


"A lot of the decisions haven't got to this level, I think we're probably the first which has actually got to second Court of Appeal level," Lennard said.


"In the United Kingdom they ruled in favour of Sany, different jurisdictions have gone different ways. It's the nature of trademark litigation - the same issue tends to get relitigated over and over again in various jurisdictions."