Chinese automaker Nio has lost a legal battle with Volkswagen company Audi.
The District Court of Munich I decided on Thursday that there was a risk of confusion with the Audi models "S 6" and "S 8" exist.
Although the attacked design differs from Nio with the additional letter "E", the court explained that this does not ensure sufficient distinctiveness.
In addition, the "E" as an abbreviation for "Elektro" is almost omnipresent.
The use of letters affects all areas of life and is an important social issue, especially with the expansion of “e-mobility”.
It is therefore to be expected that motorists will only see this as an indication of the vehicle's engine type: consumers can assume that the ES 6 is the electric version of the S6 and that both vehicles are from the same manufacturer.
Nio forestalls judgment
Audi had taken legal action because the company feared the risk of confusion with its sporty production sedans S6 and S8.
The verdict is not yet final, Nio can appeal.
The Chinese have already anticipated the verdict.
When the start-up, founded in 2014 by the Chinese entrepreneur William Li, presented its model range in November last year, which is to be rolled out bit by bit in Europe, the ES 6 and ES 8 were no longer mentioned.
A smaller sedan called ET 5 and a larger one called ET 7 were shown. And the SUV that was also presented, which is sold in China as ES 7, was called EL 7. "Our topic is the product and not the model name," said Deutschlandchef Ralph Kranz at the time of the FAZ
Audi is naturally pleased with the district court's decision.
"We welcome today's ruling by the Munich Regional Court and the associated protection of our brands," said a company spokesman.
“Many of our models have an iconic character.
This also and especially applies to our sporty S models.
It is therefore a matter of course for us to protect the associated valuable intellectual property.”