The 2023 FIA WEC HyperCar entry for Vanwall Racing has been thrown into doubt after the long-running case with the EU Intellectual Property Office (EUIPO) yesterday found in favour of the UK-based Sanderson International Marketing concern for the trademarking of road and racing cars under the Vanwall brand.
The matter has been the subject of significant legal contention for many months with the UK concern having registered the name in the UK and EU, PMC GMBh (linked to ByKolles), later registering a German trademark (currently being disputed by the UK company), a Worldwide Trademark (which applies only in territories where no prior rights exist) and then challenging the EU rights on the basis on non-usage by the UK company.
The process involves the provision of evidence packs from both parties, PMC/ ByKolles contesting the standing trademark on the basis that Vanwall 1958 had not utilised it in the prior years.
Sanderson International Marketing countered with evidence of commercial activity including the sale of a replica car, adding that their full business plan, to build replica 1958 Formula One cars was delayed by the onset of the COVID-19 pandemic.
With all evidence considered the decision of the EUIPO was to grant Sanderson International Marketing the continuing trademark for usage of the Vanwall name in the EU for the purpose of building both road and racing cars. That means the the ByKolles/ PMC published plans to build a Vanwall-branded version of their HyperCar, and the later plan to build extensively modified Hyundai SUVs under the Vanwall Vandervell brand now also fall foul of this decision.
It is understood too that the EUIPO decision is likely to have an effect on the German trademark registered by PMC/ ByKolles too – That trademark is already under challenge by Vanwall 1958.
All of that places the planned ‘Vanwall’ HyperCar programme in significant difficulty with the WEC Sporting Regulations which insist that a team fielding a car must have either the rights to the brand, or an agreement from the brand owner to use the brand. Neither are currently in place for the effort which was listed under “Subject to homologation” on the full-season entry list.
Iain Sanderson from Sanderson International Marketing told DSC: “I am pleased that the EUIPO followed due process. I accept the outcome of their findings.”
A senior source within the ByKolles organisation told DSC: “We applied to have the EU Vanwall Trademark deleted for non-usage. For most purposes that deletion has been made but we our lawyers are appealing the remaining registrations that we believe should also be deleted.”
DSC has requested reaction from the FIA WEC.
The 2023 FIA World Endurance Championship gets underway with the pre-season Prologue test at Sebring International raceway on 11/12 March.
More to follow
