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The Problem With Being Popular - Lambretta Case

9
August
2011
  Posted at 02:00:00 PM
  File under  Scooters
  Author: Mike Werner
  Location: Travelling
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Lambretta logo
It's nice to become a popular product or brand. People start buying your stuff just because of your name, and as a company you do well. The dream of any entrepreneur.

But becoming popular has some pitfalls. One of them (just ask Apple and other popular brands) is that people start putting fake products on the market, selling them under the popular company's name. Or your distributors want a bigger slice of the revenue pie.

Lambretta Open link in a new window, the Italian iconic scooter manufacturer, has had enough of fake products and nasty dealers. When you go to their web site, you are now, for the time being, greeted with a nice legal message in which Lambretta is stating which companies NOT TO USE.

Funny thing is, many of them are former Lambretta distributors....so is this the case of really fake & wrong products, or a case of a commercial dispute about royalties taken to the web? Is this the way to bring a commercial fight to the public.

Here's the text from the web site (in case it's taken away):

On behalf of FINE WHITE LINE LIMITED (FWL), LAMBRETTA SCOOTERS LIMITED (LSL), both are Companies with registered office in United Kingdom, at 2 Pedigree Farm Barns, Althorp, Northants, NN7 4HE (herein after, FWL and LSL) and on behalf of LAMBRETTA LICENSING (IRE) LTD, with registered office in 20 Molesworth Street Dublin 2 – Republic of Ireland (before Scooters Asia Limited, herein after LAMBRETTA LICENSING (IRE) LIMITED (here after LLL)).

The three companies above manage on behalf of LAMBRETTA CONSORTIUM (herein after LC) the exploitation of the exclusive rights concerning the trademark LAMBRETTA. For a trademark overview please visit www.lambretta.com.

As you may be aware, LSL is the sub-licensee of the trademark LAMBRETTA for the European market. LLL is the sub-licensees of the trademark LAMBRETTA for the Asian market.

LSL granted a further sub-license to MOTOM ELECTRONICS GROUP SPA (here after Motom), in order to exploit the exclusive rights on the Trademark LAMBRETTA on Italy with a conditional possibility to extend the territory. Unfortunately, because of contract breaches by MOTOM, the sub-license agreement was terminated, last December 2010.

LLL granted a further sub-license to CLAG INTERNATIONAL LIMITED (here after CLAG) in order to exploit the exclusive rights on the Trademark LAMBRETTA in 11 Asian countries. This agreement has also been terminated because CLAG failed to pay the Minimum Royalty due and committed other contractual breaches.

This means that any Scooter product sold in numerous countries in the world, without the authorization of LC and in particular the scooters commercialized and distributed by MOTOM or CLAG (specifically the LN 125 and LS 125) or by any other company affiliated, participated, commercially linked or connected to MOTOM or CLAG (this will also include but not be limited to ADLY, GAMAX, DBM LAMBRETTA INTERNATIONAL and MOTOLIFE) cannot carry the LAMBRETTA trademark, lacking the consent of the legitimate owners of the sign at issue. Any genuine and valid licensing agreement should be signed directly with LAMBRETTA DISTRIBUTION LIMITED (LD) part of LC. Moreover the mentioned companies have no authority to use the trademark LAMBRETTA in their company names, websites (including but not limited to:www.lambrettaoriginale.com, www.lambretta-italia.it and www.lambrettamotorcycles.com) or on any other products they produce or distribute.

Lambretta Consortium takes a very strict stance in this matter and have been forced into this action to protect their exclusive rights.

Lambretta Consortium has instructed its lawyers to,

WARN

Importers and distributors of the following relevant facts:
1.        All importers/distributors engaged in the LN 125 /LS 125 must immediately cease and desist from distributing, marketing, offering for sale, advertising, ordering any product bearing the trademark LAMBRETTA.
 
2.        All importers/distributors engaged in the LN 125 /LS 125 must immediately cease and desist from using in the course of business the trademark LAMBRETTA or any confusingly similar sign.
 
3.        All importers/distributors engaged in the LN 125 /LS 125 must inform to us all the quantities of LAMBRETTA products, imported, commercialised, offered for sale, distributed or  ordered to date.
 
4.        All importers/distributors engaged in the LN 125 /LS 125 must not take delivery of any incoming shipment of products bearing the trademark LAMBRETTA, unless explicitly authorized by us in writing.
 
5.        All importers/distributors engaged in the LN 125 /LS 125 must sign and return a the enclosed copy of a lletter of acceptance that they have understood and accepted the obligations hereby contained.

The Board

I wouldn't bring this to the public. I'd just send two gorillas to break a few bones. That will give you some respect.

Via: Two Wheels Blog



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