Giroux Amburn, co-counsel for Bombardier Recreational Products wins big vs. Jaguar Land Rover in trademark dispute

Published 13 March 2019 by Giroux Amburn P.C.

A Federal Jury in Detroit, Michigan says no to Jaguar Land Rover’s $130 million lawsuit 

DETROIT, MI / Dean Amburn and co-counsel fought and won in federal court on behalf of Bombardier Recreational Products, Inc. (BRP) in a trademark dispute with Jaguar Land Rover Ltd (JLR) over use of the name DEFENDER.  JLR alleged infringement of its U.S. trademark registration of DEFENDER for motor land vehicles, namely station wagons. On January 18, 2019, after a seven-day trial culminating in JLR asking the jury for an award of $130 million, the jury decided in favor of BRP.    

“We are pleased with the result and appreciate the jury’s time and service,” said Yves St-Arnaud, BRP’s Director, Legal Services.  “We demonstrated to the jury the fundamental differences between the party’s respective products and channels of trade,” said Dean Amburn of Giroux Amburn PC.  “Our arguments and cross-examination of JLR’s witnesses were crucial to the win.”    

JLR alleged a likelihood of confusion between its use of DEFENDER on its “iconic” Land Rover Defender vehicle and BRP’s use on its Can-Am Defender off-road vehicle.  BRP denied infringement and counterclaimed against JLR for trademark abandonment and fraud upon the United States Patent and Trademark Office.  JLR last publicly sold a new Land Rover Defender in the U.S. nearly twenty year ago.  JLR has publicized its intent to reintroduce a new model Land Rover Defender into the U.S. soon.

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Giroux Amburn, P.C. (www.GirouxAmburn.com), located in Southfield, Michigan specializes in litigation of all types of cases including personal injury and Intellectual property. The attorneys are experienced litigators who are not afraid of a fight. Nearly 85% of their cases are referred by other attorneys who look to the firm for their depth of trial experience.