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Entertainment Lewis Hamilton loses battle to ban luxury watchmaker's 'Hamilton' name

20:35  19 november  2020
20:35  19 november  2020 Source:   dailymail.co.uk

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Lewis Hamilton ' s winning streak has ended after losing a three-year copyright battle with luxury watchmaker Hamilton International (pictured at the Turkish Grand Prix on November 15). Hamilton International, part of the Swatch Group, provided evidence that they have been selling watches

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Lewis Hamilton's winning streak has ended after losing a three-year legal battle to block a luxury Swiss watchmaker from trademarking the name 'Hamilton'.

The Formula One world champion was slapped down after trying to prevent Hamilton International from registering its brand in Europe.

An EU court threw out his case and said he had no 'natural right' to the name, which the watchmaker has been using since the 19th Century.

It pointed out the established firm, which has been worn by celebrities including Elvis Presley, has had 'Hamilton' on its accessories well before the 30-year-old racer was born.

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Hamilton was founded in 1892 when it opened its original factory in Lancaster, Pennsylvania, where it was headquartered for 111 years.

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The company claims its watches established a strong track record for accuracy and helped reduce accidents on the railways by synchronising the timing on the rails.

In the early 20th Century, Hamilton provided watches to the US Airmail service and to this day is the Official Timekeeper of the Red Bull Air Race World Championship.

Hamilton also claims to be Hollywood's go-to watch brand for movies since one of the timepieces first appeared  in 1932 in the Marlene Dietrich movie 'Shanghai Express'.

Elvis Presley wore the firm's Ventura watch in his musical comedy Blue Hawaii.

In 2007 Hamilton was bought by the Swatch Group, based in Switzerland.

Hamilton International's trademark effectively gives them exclusive rights to use the name brand on accessories across the continent.

It prompted lawyers for the Mercedes star's company, 44IP, to try to void the application.

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They claimed it had been filed in 'bad faith,' thwarted 'fair competition' and had not even been put to use.

Hamilton International, part of the Swatch Group, hit back with evidence that they have been selling watches bearing the name since 1892.

The European Union Intellectual Property Office (EUIPO) ruled in their favour and have now refused the racing driver's company's request to cancel the trademark.

In its ruling, the EUIPO said: 'The argument relating to the IP rights of the racing driver 'Lewis Hamilton' fails.

'The contested mark consists solely of one word 'HAMILTON', and not 'LEWIS HAMILTON'. It is a rather common surname in English-speaking countries.

'There is no "natural right" for a person to have his or her own name registered as a trademark, when that would infringe third parties' rights.

'Even the cancellation applicant explicitly accepted that the contested mark 'HAMILTON' had been used since 1892, i.e. even before the date of birth of "Lewis Hamilton" as a natural person.

'No bad faith can be found on the part of the EU trademark proprietor. In fact, the EU trademark proprietor demonstrated a significant economic activity in the horological field since 1892.'

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The decision was handed down by the EUIPO's Board of Appeal last month after the initial cancellation application was refused in December last year.

The hearing was told 44IP, named after the Mercedes driver's race number, are attempting to trademark the name 'Lewis Hamilton' for a number of goods including watches, smartwatches and jewellery and Hamilton International are opposing the move.

Lawyers for the racing driver raised concerns that the rival firm were seeking to expand into smartwatches.

In reply, Hamilton International's legal team filed evidence stating: 'The appellant bases its accusation of bad faith of the contested trademark's proprietor on the fact that this party has not provided evidence of the commercial intent of the proprietor of the contested trademark to expand its market to related goods.

'We do not consider it appropriate or necessary to facilitate market strategies and marketing plans for a competitor, who intends to enter the market with a mark which is practically identical to the well-known earlier marks of our client, by offering goods which are also identical.'

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44IP were ordered to pay £893 towards Hamilton International's costs in the case.

Hamilton became world champion for the seventh time at the Turkish Grand Prix on Sunday, equalling the record held by Michael Schumacher.

He now has more career wins, pole positions and podiums than the retired German.

Hamilton was founded in 1892 when it opened its original factory in Lancaster, Pennsylvania, where it was headquartered for 111 years.

The company claims its watches established a strong track record for accuracy and helped reduce accidents on the railways by synchronising the timing on the rails.

In the early 20th Century, Hamilton provided watches to the US Airmail service and to this day remains the Official Timekeeper of the Red Bull Air Race World Championship.

Hamilton also claims to be Hollywood's go-to watch brand for movies, since one of the timepieces first appeared in 1932 in the Marlene Dietrich movie 'Shanghai Express'.

Elvis Presley later wore the firm's Ventura watch in his musical comedy Blue Hawaii.

In 2007 Hamilton was bought by the Swatch Group, based in Switzerland.

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