25/01/2011
NEWS STORY
Tony Fernandes Team Lotus has expressed delight after yesterday's Summary Judgment Application in the High Court in London.
In a brief statement issued late last night (Monday), Team Lotus said:
"Team Lotus is delighted that we were successful at the Summary Judgment Application hearing today and that the Judge threw out Group Lotus' application even before hearing the arguments of the barristers on either side.
"Although this decision was never in doubt, it means that we start the 2011 season under the Team Lotus name. Whilst we expected that the Judge would refuse this application, it is good to have the decision in black and white.
"The Judge also felt that it was in everyone's best interests to bring the hearing date for the full trial forward and that is now fixed for 21st March rather than us having to wait until Autumn 2011 or even later. We remain confident that we will succeed at the full trial and we can now focus on the challenges ahead in the 2011 FIA Formula One™ World Championship."
Fernandes, one of those who appears to report every bowel movement on Twitter, later used the social networking site to express his personal delight. "Very very happy over the judgment today," he wrote, "and extremely happy that full trial brought forward to march 21st. The good do always eventually win."
Meanwhile, Mark Daniels, an intellectual property lawyer at Browne Jacobson, suggested that Team Lotus should not start popping the Champagne corks just yet.
"Team Lotus will be buoyed by this news," he said, "but it remains far from clear as to whether its claim will ultimately be successful. The barrier for a claim overcoming summary dismissal is not that great. Its also still unclear if anyone will enter the F1 season with the Team Lotus branding especially since 1MalaysiaF1 still owns a registered trade mark which covers advertising and which may yet be a serious barrier to Group Lotus appearing on the grid under the Team Lotus brand.
"Today the court impressed on the parties that they should seek to settle the dispute before the season begins," he added. "There are sure to be a few more twists and turns in this particular race."