Nick Graves

Spot on Craig!

Ascari is a UK sportscar manufacturer.

Sebring is a US Chrysler convertible.

If it's not actually a copyright problem, then it's to avoid negative/incorrect associations.

Beardie

Don't think so. They still have Ascari in their product brochures. It's just that it's always shown as

"New Formula Red/Ascari Red"

Paper Lawyer

We agree. Well, almost its not a copyright issue as copyright doesn't protect single words or simple expressions (Exxon case). People often get them mixed up, but not as often as patents and trade marks Personally I think the Ascari car manufacturer would be stretching its trade mark to argue that a paint code infringes its mark (who is confused into buying an Ascari red S2000 believing that its linked to an Ascari car?? I don't think Ascari could argue that its name is so well known (like Marks & Spencer or Virgin) that to use it in any other trading way would dilute their trade mark either) but Honda clearly don't want to fight about a paint code name

Nick Graves

I was using the term loosely, because there is also artistic copyright, which is a minefield:

IIRC, Mini is a trade mark, but the (Issigonis) shape is also protected, so don't even think about drawing a Mini and publishing it here!

It may also be the case that some words translate badly into other languages:

Porsche Guards Red is actually called Indischrot (Indian Red) in German. Perhaps that may be offensive to Native Americans?

Paper Lawyer

I'm sure BMW would try and use a variety of IP rights to protect its rights. However, a drawing protected by artistic copyright is going to lose the usual "life of author plus 70 years protection" when used, loosly speaking, in an industrial process. Instead its protection is reduced to just 25 years (as per registered design protection) IIRC.

In any event, the MINI shape is more justifiably protected by design rights rather than artistic copyright.

Regardless as to the category of IP, obviously this would have expired in respect of the original design and so BMW would seek to claim design rights continue to subsist in any more recent design "tweaks".

In practice I would not be surprised if BMW has tried or succeeded in registering the MINI silouette as a trade mark to extend the period of protection.

I was actually asked to advise on the use of a drawing of the mini on a computer game box a couple of years ago As long as the MINI badges weren't shown, we thought the risks of being sued were minimal. However, you don't particularly wish to incur the wrath of a big car manufacturer!

GSi

So, back to Ascari / NFR?