BMW, Smart threaten action against Chinese copies

Both planning legal steps should Chinese carmakers show at IAA

German carmakers BMW and Smart plan to take legal action against Chinese copies of their models making an appearance at the upcoming IAA in Frankfurt.

Automotive News Europe's sister company Automobilwoche reported that the two carmakers are paying special attention to see if the SUV models CEO and UFO and the compact car, Noble, will be on display at the IAA. The three bear a striking resemblance to the X5 from BMW, Toyota's RAV4 and the Smart Fortwo.

"We've already taken measures against the distribution of the CEO in Europe," a BMW spokesperson told Automobilwoche. "We'll consider taking legal action should the car be shown at the IAA."

A Daimler spokesperson said the same. "We reserve the right to take legal action should the car, in fact, be shown at the IAA," a Daimler spokesperson told Automobilwoche. The German carmaker might also take general steps to protect the Smart design against the Chinese carmaker Shuanghuan, which makes the CEO.

Last autumn, Daimler, which produces the Smart, was able to successfully stop another Chinese carmaker from bringing a Smart copy onto the market.

China Automobile Deutschland, an independent importer that plans to bring all three models onto the market in October, said it had no knowledge of the possible IAA ban.

"The discussion might even be helpful, because it elevates our products to the same level as BMW and Smart," company head Karl Schlössl told Automobilwoche.

Companies who feel their brand copyright threatened can apply for a temporary injunction against the offending company in court.

Copyright violations also violate IAA regulations and a company accused of product and brand violations faces the removal of their products at the IAA and the closure of their exhibit space, according to Germany's automobile association, the VDA.

BMW has already issued a warning against the distribution and sale of the CEO in Italy. Should the car continue to be sold, the company will likely file a lawsuit.

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