Filed under: Coupes, Economy, China, Euro, Government/Legal, Hatchbacks, BMW, Mercedes-Benz
Mercedes tries to burst Shuanghuan's tiny Bubble, gives up
Mercedes decided to sue Shuanghuan Automotive for copyright infringement for its Bubble microcar (called the Noble in China), claiming it was a copy of the smart fortwo. BMW then decided to bring its own case against Shuanghuan, citing the Shuanghuan CEO as a blatant facsimile of the BMW X5 (that's the CEO on the wall in the above picture). Mercedes got the Bubble banned from display at a couple of auto shows, BMW won its copyright infringement lawsuit in Munich, and Mercedes sued the Bubble's importer, Martin Motors of Italy, to block sales of the car.
It was all looking good... until BMW lost its case in courts in Munich and in China. The Italian court ruled that "consumers could not get confused" when similar vehicles are offered "with a significant price difference." With BMW cold knocked out in the Copyright Cage Match, Mercedes has been left alone in the octagon with Shuanghuan bearing down on it. It also hasn't helped that Italian commentators have already said they don't think the two cars will be confused.
Now Mercedes is looking for an exit. Martin Motors countersued Mercedes for €100,000,000 - around $134.2 million USD - citing potential lost Bubble sales (that's a lotta Bubbles), and Mercedes doesn't want to lose its case and have to fork over colossal damages. Both sides expect the case to be resolved in a couple of weeks, and Bubbles are expected to go on sale this summer.
[Source: Motor Authority]
Reader Comments (Page 1 of 3)
Tang 11:09AM (1/06/2009)
It's okay though. I'd rather be in one of the original versions in the event of a crash....
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Max 10:00PM (1/06/2009)
These are 100% knockoffs, these chinese ba$tards have no leg to stand on.
Its a shame BMW lost its case.
Smegley 11:17AM (1/06/2009)
So according to italian courts it's okay to blatantly violate design patents as long as you offer the finished product for a substantial price difference. ???
WOW! That's a freakin new one. Can't wait for the cheap Chinese rip-off Pandas, 500s, and Ferraris to flood into Italy with their court's blessing. Some cheap copied espresso makers too, please.
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Kotse 11:24AM (1/06/2009)
"Martin Motors countersued Mercedes for €100,000,000 - around $134.2 million USD - citing potential lost Bubble sales (that's a lotta Bubbles)..."
That's a lotta "burst" Bubbles!!
mkM3 2:17PM (1/06/2009)
No kidding. The rationale they provide is ridiculous and I cannot believe the dispute will just end here. Surely if the Chinese begun producing copies of exotic Italian sports cars (and I bet they will eventually) then they would take issue.
LM 12:42PM (1/06/2009)
There are already plenty of Chinese knockoffs of Italian goods. The Italians can't/won't fight back.
tekd 5:19AM (1/07/2009)
Uh...I hope you do realize that before the era of Chinese counterfeits being available everywhere that Italy was one of the few places to go to for your counterfeiting needs. Even now it still is, and they often partner with Chinese counterfeiters: http://www.iht.com/articles/2006/10/03/features/RFAKE.php
So I find it somewhat funny that you're all surprised by Italy, lol. Just because there's counterfeiters in China doesn't mean that people elsewhere don't counterfeit stuff, and aren't used to buying cheap cloned goods.
Will 11:17AM (1/06/2009)
I love China. I work there much of the year, and I have been there enough to understand the poverty that motivates people to copy everything in an effort to make a buck. I will however, never feel safe driving in a Chinese-built car.
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Mobius_1 11:24AM (1/06/2009)
I wouldn't mistake any of those, originals look much better and looks higher-quality.
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John P. 11:29AM (1/06/2009)
Why innovate when you can steal and get away with it? On the other hand, I'd rather look at a BMW or Mercedes rip-off than some of the "original things" they dream up. Did you guys see that accordian car $hit from yesterday? Yowch!
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Soccer Mom 11:31AM (1/06/2009)
Let the counterfeiting begin. Given the Italian court ruling, they shouldn't be surprised with Chinese Gucci and Armani selling at 1/3 price at the corner store. After all, the price difference will clearly indicate to the consumers that it is not the same product.
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joe23521 1:44PM (1/06/2009)
Not that I condone either, but ripping off and counterfeiting are completely different concepts. The fake Gucci bags have actual Gucci labels on them, which causes potential "confusion" with the authentic products, whereas the knock off cars bear their own badges.
snp 11:33AM (1/06/2009)
That's a bit extreme. I think this blog is too anti-chinese.
Yeah, there's a lot of bashing on the copycats. But to say all chinese are dogs?
I'd rather hear about the screw ups that other auto's should be careful to not make the same missteps on. I'd like somebody from Autoblog to get in a well praised/popular car made in china and do a review on it. The same way how they do it for European autos. Not just take a picture and laugh - that's hardly helping the industry. If china is coming to the US in the next few years shouldn't we know our competition before we get caught off guard?
We can then laugh after such a review comes out.
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ugazzim 11:34AM (1/06/2009)
EXCELLENT ARTICLE JONATHON!
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Torrent 11:44AM (1/06/2009)
snp: Just the Chinese that barefacedly copy designs.
If anybody's going to copy designs, they have the decency to cover it in chrome and stick a Toyota badge on the front.
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dkw 11:55AM (1/06/2009)
@visnick
"you are what you eat"
ha ha... thanks for giving me a good chuckle this morning!
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joe23521 11:57AM (1/06/2009)
So what does that make you, Visnick?
The blatant racism displayed here lately is really becoming unacceptable.
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Jei 12:03PM (1/06/2009)
Maybe if BMW & M-B had sued other (major) carmakers for (blatantly) copying certain exterior/interior design elements found on their other vehicles (Bangle-butt, front facia air vent shapes, c/d pillar kink shapes, etc) would the lawsuit be more justified.
On the outside, it looks more like BMW & M-B was just trying to "muscle or strong-arm" a lesser-known global competitor while they let the many other major competition skate by unacknowledged.
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hoov23 12:03PM (1/06/2009)
snp, you can keep your chinese car. i won't be reading any reviews of them, and if i could avoid it i wouldn't want to see any pictures of them. we have enough car choices already available for people with limited means that are much safer and more durable. the last thing we need is something that's ripped off of someone else, crunches into a wad of flesh and metal when hit, falls apart when it goes over a pothole, and rusts into dust in a decade (and is made in a factory that pollutes unrestricted). this is 2009 in america, we've made advances that the chinese are not even close to. even the korean cars - just look at em. the chinese can't (shouldn't) compete with them, because they've really stepped up to the plate. the chinese car companies may have to start somewhere, but that doesn't mean you have to sell it to unsuspecting consumers right off the bat. i just hope most people are smart enough not to buy them, or that the us dot just doesn't allow them in.
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big j 12:05PM (1/06/2009)
@Torrent:
You are a moron.
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