BMW loses court battle to Chinese X5 clone

[cawimmer430]

Now I am really pissed. 

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BMW loses court battle to Chinese X5 clone

Posted by Horatiu B. as BMW X5

Back in 2007, the Frankfurt Auto Show brought us a legal war between BMW and the chinese carmakers, Shuanghuan. The CEO car built by the chinese party stired up a lot of controversy due to its X5ish look.

As we mentioned back then, the CEO is almost an identical copy of BMW?s X5 model, and the only reason why it?s ?almost identical? is that the SUV?s front end it?s a ?clone? of the SUVs found in the Mercedes-Benz?s line.

BMW has immediately filed a lawsuit against them, but last week, an italian court rejected BMW?s claims.

?We are convinced the CEO wasn?t a clone of the X5. We are happy to see our view supported by a court ruling,? said an obviously pleased spokesperson from Martin Motors.

Martin Motors, distributor of Shuanghuan Automobiles in Italy and central Europe, has sold about 200 copies of the CEO and expects to sell about 1200 this year in their European markets. Definitely an important loss for BMW, especially now when they?re hurting financially.

BMW was the second manufacturer to sue Shuanghuan, Mercedes-Benz went after them for their ?Noble? model, a Smart fortwo replica.

So, here are some images that I posted in the past, I will let you decide.




Link: http://www.bmwblog.com/2008/12/19/bmw-loses-court-battle-to-chinese-x5-clone/

[Laconian]

I wonder if how an Italian court would feel about Ferrari knockoffs?

[Colonel Cadillac]

That's ridiculous.

[cawimmer430]

I want the mafia to send these judges letter bombs. 

[Submariner]

Unsurprising in China, but a joke anywhere else in the world.  Anyone who cannot see the resemblance has no place ruling on anything. 

[MX793]

I wonder if how an Italian court would feel about Ferrari knockoffs?

I believe the Italian courts went after companies building Ferrari clones.

[Cookie Monster]

LAME

I hate Chinese car companies. I bet 206 will be happy though.

[MaxPower]

BMW already won the first round in Germany.  They'll probably continue to battle in every major market in which the two "compete."  I don't know into what other countries the CEO is imported.

[ifcar]

It's clearly not a clone. While I wouldn't have a problem with BMW winning this lawsuit, it's easy to see why they didn't if you step back and look from the non-car-person perspective that most SUVs look pretty much the same.

[Soup DeVille]

http://www.guardian.co.uk/world/2008/feb/29/internationalcrime.italy

I wonder if how an Italian court would feel about Ferrari knockoffs?

[ifcar]

The difference there is that those were being sold as Ferraris. While this looks like a BMW, they're not calling it a BMW.

[Laconian]

Chrysler's "fire all the engineers" business model now makes better sense. They can just take have some monkeys reverse engineer a Camry, throw on a crosshair grille and call it a DODGE WINCHESTER or something.

[2o6]

LAME

I hate Chinese car companies. I bet 206 will be happy though.

I don't support clones.

[CJ]

I don't support clones.

Then you should hate all of them.

[the Teuton]

If BMW is worried, they should build better cars for better prices and let them speak for themselves.  Plus, this think looks like a reworked E53 more than anything.  They're already selling a "superior" model to the car that the Chinese copied, so why are they all so upset?

[Soup DeVille]

If BMW is worried, they should build better cars for better prices and let them speak for themselves.  Plus, this think looks like a reworked E53 more than anything.  They're already selling a "superior" model to the car that the Chinese copied, so why are they all so upset?

Even if a company copied a forty year old design, doesn't BMW still have rights to that design?

[2o6]

Then you should hate all of them.

I support an aspiring automaker that is quickly rising to the competition.



If you are going to judge me, then you should stop liking Hyundai, the Sonata is a "clone" of the 7th gen Accord.


Get your facts straight, you can easily find other cars in one design if you're biased enough.

[TurboDan]

Of all the BMWs to copy, why that ugly thing?

[CJ]

The rear end is similar on the Sonata.  Besides, it's also a very good car.  This thing is a piece of shit.  I mean really, 90 and 125 HP? 

[2o6]

The rear end is similar on the Sonata.  Besides, it's also a very good car.  This thing is a piece of shit.  I mean really, 90 and 125 HP? 

When Did I say I upheld or supported this car/manufacturer? Don't put words in my mouth.

[the Teuton]

Even if a company copied a forty year old design, doesn't BMW still have rights to that design?

To a point.  Honda uses Hoffmeister Kinks.

[Soup DeVille]

To a point.  Honda uses Hoffmeister Kinks.

That's one feature, not an entire design.

[the Teuton]

That's one feature, not an entire design.

This car isn't an entire design.

[Soup DeVille]

This car isn't an entire design.

Visually, its damned close.

[the Teuton]

Visually, its damned close.

The front looks like a Benz, the rear bumper is completely different, the D-pillar window looks like an X3's instead of an X5's, and the wheels like like they came from a Kia Sorento.  In other words, let the details speak for themselves.

[ifcar]

Visually, its damned close.

Just the liftgate, really. Smooth that out and take the lights off it and is there anything more than a passing resemblance to the X5's shape?

[Soup DeVille]

Just the liftgate, really. Smooth that out and take the lights off it and is there anything more than a passing resemblance to the X5's shape?

The aforementioned kink. Yes, to the average observer it does. Yes, i see the detail changes.

[ifcar]

The aforementioned kink. Yes, to the average observer it does. Yes, i see the detail changes.

That's two features, not an entire design.

[Soup DeVille]

That's two features, not an entire design.

Two otherwise relatively unique features on a vehicle the same size and general shape as an X5. Its questionable at best.

The impression that the designers tried to make a vehicle look as much like the X5 as they thought they could get away with, and BMW thought they took it too far.

[ifcar]

That's also not even what the X5's window looks like.



Versus



Swap out the back hatch with something smoother, and you've got nothing but the basic shape that's the same.