Cases

Lamborghini Latin America vs. Volkswagen Germany and Lamborghini Italy

Automóviles Lamborghini Latinoamérica S.A. de C.V. (Lamborghini Automobiles of Latin America Public Limited Company) is an authorized distributor and manufacturer of Lamborghini-branded vehicles and merchandise in Latin America and South America.

In 1995, Indonesian corporation MegaTech, Lamborghini’s owner at the time, entered into distribution and license agreements with Mexican businessman Jorge Antonio Fernandez Garcia. The agreements give Automóviles Lamborghini Latinoamérica S.A. de C.V. the exclusive distributorship of Lamborghini vehicles and branded merchandise in Latin America and South America. Under the agreements, Automóviles Lamborghini is also allowed to manufacture Lamborghini vehicles and market them worldwide under the Lamborghini brand.

Automóviles Lamborghini has produced two rebodied versions of the Diablo called the Eros and the Coatl. In 2015, Automóviles Lamborghini transferred the IP-rights to the Coatl foundation (chamber of commerce no. 63393700) in The Netherlands in order to secure these rights and to make them more marketable. The company has announced the production of a speedboat called the Lamborghini Glamour.

There has been an ongoing dispute between Automóviles Lamborghini Latinoamérica on the one hand and Volkswagen Germany and Lamborghini Italy on the other hand about the IP-rights regarding the Lamborghini brand. Recently Judge Fernando Durao, in charge of Court 5 of the National Commercial Appeals Chamber of Argentina, ruled in favor of the Mexican businessman Jorge Antonio Fernández García and his company Lamborghini Latin America. The court ordered Lamborghini of Italy and Volkswagen AG are to “immediately cease actions or omissions that disturb the exclusive rights of the Mexican businessman regarding the Lamborghini brand“. The court recognized the “exclusive rights” to operate with that brand in Latin America. Lamborghini Latin America’s owner and director, Jorge Antonio Fernández García, described the ruling as “a major step forward”.

Juchter van Bergen Quast played a significant role in advising mr Jorge Antonio Fernández García.

Source: Milenio.com

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