Lambretta LN125 - This is not an imitation!
It is with reference to the statement issued by Lambretta SA (a Swiss company in liquidation) on behalf of the "Lambretta Consortium" to various press agencies on a worldwide basis on 2nd August 2011 that Motom Electronics Group S.p.a. (MEG) and Clag International Ltd (CLAG) would like to jointly issue the following statement.
1) The original "Lambretta" trademark was sold in 1972 by executors acting on behalf of the Innocenti family (founders of the brand), to an Indian Government owned company Scooters India Ltd (SIL).
2) In 2006 SIL granted a license for the use of the trademark Lambretta to a UK company, Fine White Line Ltd (FWL).
3) In 2010 FWL, through two affiliated companies, Lambretta Scooters Ltd and Scooter Asia (TBS) Ltd, granted sub licenses for the use of the trademark Lambretta to MEG and CLAG for Class 12 products (land, sea, and air powered vehicles).
MEG and CLAG therefore validly and legally use the "Lambretta" trademark and by virtue of these license agreements allow them to design, manufacture and sell scooters bearing the trademark "Lambretta" in most countries of the world.
Despite the clear and legitimate of the use of the "Lambretta" trademark by MEG and CLAG, a group of companies styling themselves as the "Lambretta Consortium" has, for several years, been trying to revoke the rights pertaining to the original "Lambretta" trademark, currently owned by SIL. Amongst other spurious arguments, he constantly alleges that the trademark has not been put to genuine use. However these arguments were nothing more than an elaborate ruse to allow the "Consortium" to illegally attempt to register new "Lambretta" trademarks in the name of various companies including Lambretta S.A. (a Swiss company now in liquidation), Brandconcern B.V. (a Dutch company which has featured in numerous other legal actions relating to old established trademarks), Heritage Licensing S.A. (another Swiss company), Lambretta Licensing LTD (UK), Lambretta Distribution Ltd (UK), Lambretta Licensing (IRE) Ltd (Irish company) and Lambretta S.r.l. (the Holding Italian company). According to copies of legal documents seen by MEG and CLAG, these illegal attempts to steal the "Lambretta" trade mark have been going on since the late 1990's.
Despite MEG and CLAG taking the matter to the Italian Courts in Milan and obtaining no less than three decisions in their favour (decision No. 8912 of 2010 on the 7th July 2010, an injunction on the 26th November 2008 and a further injunction on 30th May 2011) the "Consortium" persist in its illegal actions. The decisions of the Court clearly established that the "Lambretta" trademark is owned by SIL (and by virtue, the Indian Government), is indeed valid, and cannot be revoked. Furthermore the Court decided that there were also no reasons to consider the termination of the sub license contract for the use of the "Lambretta" trademark.
Despite his defeat in the judicial courts, the "Consortium" continues to defy the decisions taken by the judges in Milan. He is now seeking to stop the legitimate commercial activities of MEG and CLAG, by attempting (or threatening to attempt) to take action against them in various countries around the world. The aim of this is nothing less than to try and terrorize MEG and CLAG's suppliers and their lawfully appointed distributors of their new "Lambretta" scooters with the clear but unlawful purpose of dissuading them from conducting business with MEG and CLAG.
It should also be pointed out that the "Consortium", despite unlawfully and in bad faith registering his own "Lambretta" trademarks, has never produced any scooter ("Lambretta" or otherwise). Clearly they feel that they are not subject to the very same legal arguments their own spurious actions have set out in their attempts to revoke the SIL owned "Lambretta" trademarks, i.e. that they should be revoked for continued "non use". In addition, and not just content with issuing frivolous legal action, the "Consortium" has also publicly defamed the managing director of MEG, an action he will personally have to explain before the Italian Courts. For this outburst the "Consortium" has formally been reported to the Italian Public Prosecutor's office in Monza.
At present the "Consortium" continues, through the tangled network of companies, to issue press releases to the whole world with news that is contrary to the truth. By doing this the "Consortium" thinks that he can vilify MEG and CLAG, threaten their clients, and attempt to halt the supply of goods from their suppliers. the "Consortium" has even tried sending his representatives to visit prospective clients with the sole purpose of intimidating them and dissuading them from purchasing MEG and CLAG's scooters bearing the "Lambretta" trademark.
Not content with his clearly ambitious actions, the "Consortium" (via his Italian company Lambretta S.r.l) has now fraudulently attempted to file an application with the European Trademark and Patents Office (OAMI), to register the intellectual property of the new "Lambretta" scooters designed and previously registered by CLAG. This action is a clear attempt to illegitimately and illegally appropriate third part owned intellectual property and design rights and is nothing short of attempted theft. Please see the revocation request filed to OAMI
Consequently CLAG will be shortly reporting the "Consortium" to both the Carabinieri (the Italian Police) and the Italian Public Prosecutor's Offices in Rome, with the hope that the Italian Courts will soon be able to issue appropriate and effective measures to stop the continued actions of what both CLAG and MEG believe is nothing more than a pirate.
As confirmed by the Italian Courts' decisions, MEG and CLAG are confident of their position and will not let the unlawful, illegal, spurious and prejudiced actions of the "Consortium" intimidate them. They will continue, and escalate their efforts, to establish a proper and successful commercial network to re-launch the iconic "Lambretta" brand of scooters to the world in their role as legally appointed and legitimate licensees.
Note to Editors:
Both Motom Electronics Group S.p.a. (registered in Italy with offices in Milan) and Clag International Ltd (registered in Ireland with offices in Rome) are more than able and willing to release any and all collaborative information showing both tangible and incontestable evidence of the allegations as set out by MEG and CLAG in the above statement. In the first instance, you are directed to contact:
For Motom: Avv. Nicola Gurrado +39 335 610 9641 - [email protected]
For Clag: Dott. Gabriele Carbucicchio +353 860491681 [email protected]