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Defeat for Formula One Group in trademark fight

NEWS STORY
12/07/2007

In the latest round of the battle whereby Formula One's owners attempt to trademark virtually anything related to the sport, even if, like the term Grand Prix, it existed long before the Formula One World Championship came into being, has resulted in defeat.

The British Trademark Registry has ruled against Formula One Licensing BV (FOL), a division of the Formula One Group, in its attempt to secure exclusive rights to the term 'F1'.

According to Reuters, David Landau, of the Trademark Registry, using the media and even Wikipedia for evidence, found that members of the general public perceive F1 (Formula One) as a type of sport as opposed to a brand name.

"As Wikipedia comments, F1 is the highest class of single-seat, open-wheel formula auto racing," said Landau. "There is no hint in the Wikipedia references to indicate that F1 is seen as anything other than a particular form of motor racing."

He added that the fact that the Formula One Group is the only organisation organising F1 races does not mean that the public will perceive F1 as a trademark.

"It just means that currently it enjoys a monopoly on the races," he added. "However, if private owners of F1 cars race them on a friendly basis is that not an F1 race, if not on a commercial basis?"

He consequently rejected the trademark application from Formula One Licensing BV (FOL).

Over the years, various branches of the Formula One Group have lost battles over the rights to trademark terms such as 'F1' and 'Grand Prix'. Most famously, Bernie Ecclestone fought a battle on both sides of the Atlantic over the rights to the domain name F1.com. After a long, hard fight, he lost, though he subsequently bought the domain name from its owners.

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