Auto – Munich – Audi wins trademark lawsuit against Nio – Bavaria
Munich (dpa) – Audi has prevailed in the name dispute over two electric car models against the Chinese car manufacturer Nio before the Munich Regional Court. The court prohibited Nio on Thursday from continuing to advertise the models called ES6 and ES8: There is a risk of confusion with the Audi models S6 and S8, the judges explained.
The additional letter “E” does not ensure a clear distinctive character because it is almost ubiquitous as an abbreviation for “Elektro”. It is therefore to be expected that many potential car buyers will only see this as an indication of the vehicle’s engine type: consumers may assume that the ES6 is the electric version of the S6 and that both vehicles are from the same manufacturer.
The judgment is not final. A Nio spokesman had said before the verdict was announced that Nio would likely appeal in the first instance if it were defeated. Otherwise, the car manufacturer would have to rename the two Stromers.
In October 2021, Audi sued for a cessation of advertising, information and damages and referred to the protection of its S6 and S8 brands at the European Patent Office. Nio has so far sold its ES6 and ES8 electric cars in China and Norway, but also wants to launch them in Germany. The Chinese carmaker denied trademark infringement, arguing that the two Nios were SUVs and the two Audis were sedans.
Nio came onto the market in Germany in autumn with the electric luxury sedan ET7. Other Chinese manufacturers like Polestar, Byd, Aiways, MG and Ora are already here. Byd wants to sell 120,000 cars in Germany in four years. The share of Chinese car manufacturers in the German market is still in the per thousand range. But 20 percent of German Audi, BMW and Mercedes drivers surveyed by the management consultancy Berylls could fundamentally change to a Chinese brand. The car rental company Sixt will take over 100,000 electric cars from Byd in its fleet over the next six years.
© dpa-infocom, dpa:230119-99-278545/2