Audi v. NIO trademark infringement case: NIO succeeds in appeal, Audi’s request is rejected

Audi filed a lawsuit against NIO in Munich, Germany, accusing NIO ES6 and ES8 of being too close to the Audi S6 and S8, alleged trademark infringement. In the first instance, the Munich District Court sentenced in favor of Audi.

 

At that time, a German court judge explained that although the names of the two NIO cars are not identical to Audi's, consumers may be confused and think that the ES6 or ES8 are electric versions of the Audi S6 and S8 models.

 

The first-instance judge by a German court means that NIO may no longer be able to advertise models using the above names in Germany. However, NIO said at the time that it would continue to appeal.

 

In the latest litigation, the European Union Intellectual Property Office (EUIPO) ruled last week that the NIO ES8 and ES6 does not constitute a likelihood of confusion with Audi's S8 and S6 models, and therefore dismissed Audi's claim, which means that unless Audi continues to appeal to overturn the EUIPO ruling, the NIO ES8 and ES6 model names will continue to be used in Europe.

 

Now, NIO's business in Europe is in progress orderly, the delivery of EL7 and ET5 has already started, and the construction of charging and exchange facilities has also been accelerating. On October 18 last year, after the end of NIO Berlin, NIO delivered the first batch of ET7 to users from Germany. Li Bin, the founder, chairman, and CEO of NIO, once said that providing services to clients in Germany, the Netherlands, Denmark and Sweden is a big step for NIO to realize its 2025 plan and serve users in more countries around the world.

 

From Sohu.com

February 27th, 2023


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