Team Lotus will be able to continue using its name in Formula 1, after the High Court in London ruled in its favour in the row with Group Lotus.For Group Lotus (owned by Proton), the victory is that it is allowed to use the Lotus name for its team which is in partnership with Renault. Group Lotus also score an extra victory in convincing the court that the early termination of the licensing agreement to Team Lotus (or the 1Malaysia Racing Team) which had been for a 5-year period was within its rights to do so. There is also agreement that a breach of agreement occurred and the court has awarded Group Lotus the right to claim damages.Read the full news by Jay WM Wong from Wemotor below.
GROUP LOTUS & TEAM LOTUS BOTH CLAIM HIGH COURT VICTORY?
Tony Fernandes is celebrating after winning his High Court action in the Lotus naming row, however, Group Lotus are also claiming the win.
On Friday, Mr Justice Peter Smith finally made his verdict public, delivering his ruling in the matter of Group Lotus PLC and 1Malaysia Racing Team SDN BHD.
The duo were fighting over who had the rights to use the Lotus name with Group Lotus backing the Renault F1 team and Fernandes naming his F1 team Team Lotus after purchasing the rights to the name from previous owner David Hunt.
And, according to Fernandes, victory is his: ”We won. I’m over the moon. Team Lotus belongs to us,” Fernandes wrote on Twitter.
“Our chassis name stays Lotus. No one can use the chassis name. We are the only Lotus. Team Lotus.”
However, Group Lotus reckon victory is their’s as the judge ruled that Malaysia Racing Team (1MRT) were in breach of the licence agreement with Group Lotus, who were awarded damages.
Added to that, Group Lotus are entitled to race in F1 using the historic black and gold livery and have the right to use the Lotus marque on cars for road use.
Sarah Price, Head of Legal, Group Lotus plc, told racecarengineering that “Group Lotus is pleased that its right to race under the Lotus name in F1 has been upheld and that the Defendants’ attempts to stop that have failed.
“The on-going dispute with Team Lotus and associated companies has been a cause for concern for all at Group Lotus.
“Despite the detailed judgment there are issues which still require clarification and we remain committed to obtaining this much needed clarity for the many fans of the Lotus marque – we are extremely grateful for their continued support.
“The decision to appeal has not been taken lightly.”
The Judge found that Group Lotus has goodwill associated with the name “Lotus” in Formula 1 and is free to compete in the sport under that name using the Lotus roundel;
Group Lotus is entitled to race in F1 using the historic black and gold livery;
1MRT is in breach of the Licence granted to them by Group Lotus to race in F1 under the name Lotus Racing and has awarded Group Lotus damages in respect of that breach;
Team Lotus Ventures Limited’s trade mark registrations in the name of Team Lotus are cancelled as a result of non-use;
Group Lotus trade mark registrations are unaffected; and
Group Lotus has the right to use the Lotus marque on cars for road use.
The Judge also found that Team Lotus has the right to continue to race in Formula 1 under the name Team Lotus but the effect of the Judgment is that only Group Lotus can use the name “Lotus” on its own in F1. Group Lotus is concerned that this aspect of the Judgment will cause confusion in the eyes of spectators and the wider public. Accordingly, Group Lotus is seeking leave to appeal so that the right to use the Lotus brand in Formula 1 is clarified once and for all in the interests of the sport and the fans. Group Lotus and its shareholder Proton Holding Bhd are confident of success on appeal.
Speaking after the judgement, Sarah Price, Head of Legal, Group Lotus plc said: “Group Lotus is pleased that its right to race under the Lotus name in F1 has been upheld and that the Defendants’ attempts to stop that have failed.
“The on-going dispute with Team Lotus and associated companies has been a cause for concern for all at Group Lotus. Despite the detailed judgment there are issues which still require clarification and we remain committed to obtaining this much needed clarity for the many fans of the Lotus marque – we are extremely grateful for their continued support. The decision to appeal has not been taken lightly.”
In summary, F1 will still have two teams running the Lotus name with Group Lotus entitled to use the team on its own while Fernandes’ team can use ‘Team Lotus’.
Jom komen!