By: Mark R. Malek

If there is one thing that we have been focused on over the past year or so here at Tactical IP, it is keeping an eye on trademark bullies here, here, here, here and here).  I will admit that in many of the cases we have highlighted, the accused trademark bully may have legal standing to bring their trademark action, but our analysis has sometimes concluded that the legal matter was not thought through prior to bringing it.

A recent trademark action was brought up that hits a little close to home.  The main office of Zies Widerman & Malek is located in Melbourne, Florida.  For those of you not familiar with the area, we are directly east of Orlando, and are sometimes referred to as the Space Coast (the space shuttles are launched in the north end of our county…..at least for two more times).  It is really a small little town with a good bit of high tech.  Of course, NASA is here, as well as Harris Corporation, and many other high tech companies.

I was very proud to hear about a young man in our area that set out to develop “a highly flexible vehicle platform for a range of ultra-efficient, safe, fun-to-drive, affordably-priced, cars.” Check out some more about Avera Motors here.  The folks over at Avera came up with the name combining the words “Amercian” “Verde” (green) and “Terra” (earth).  I thought that this was a great name, and that the Avera folks did a good job with this.  As memory serves correctly, my good friend Caroline Kempf at CK Communications may have worked on some of their marketing.  In my humble opinion, they did a really good job.

Maybe a bit too good.  Not long ago, Hyundai decided to sue Avera Motors for trademark infringement based on their Hyundai Azera vehicle (source).  Outside of some car names like, Corvette, Mustang, Shelby, etc., names of cars are a dime a dozen.  Car models come and go.  This issue, however, just stinks of trademark bullying.  As indicated in a story about the Avera name, a new company like Avera Motors just doesn’t have the resources to combat a giant like Hyundai.  That is likely exactly what Hyundai was hoping for in the first place.  In any event, Avera will be changing their name soon to appease Hyundai.

I always wrap these trademark bully articles up with a little analysis, and this story will not be any different.  Does Hyundai have a genuine issue here?  Probably (typical lawyer answer, eh?)  Again, however, just because you may have a case that meets the minimum standards for trademark infringement does not necessarily mean that you should file a case.  What if the Avera folks are really onto something?  What if they are about to come out with a design that revolutionizes the efficient car industry?  You would think that Hyundai might want to work with them instead of making them an adversary, right?