In July 2024, the 2024 IP and Legal Forum on Intelligent Connected Vehicles released their 2024 top 10 IP cases in the intelligent connected vehicle (“ICV”) industry. A series of administrative litigations regarding the invalidation of the “iDrive” marks, in which a JunHe team represented BMW, were named among the top 10 cases.
“iDrive” is an intelligent driving system developed by BMW, which is installed in almost all BMW models. In this case, BMW filed an application in accordance with the Trademark Law to invalidate the “IDRIVERPLUS” and “IDRIVER.AI” trademarks registered by a Beijing-based automobile driving company on the grounds that “iDrive” was a trademark it had registered or used first and it had gained some influence. Ultimately, the CNIPA and the courts upheld JunHe’s statements and decided that the registration of the “IDRIVERPLUS” and “IDRIVER.AI” trademarks was improper and should be invalidated.
The challenging part of this case was how to persuade the court to grant stronger protection to BMW's “iDrive” trademark on unregistered goods (e.g. recorded computer programs and vehicle brake testers) through detailed evidence and full reasoning. There is no precedent in the field of intelligent driving that is available in public channels. With vast experience in intellectual property, the JunHe team assisted BMW in submitting news reports, industrial rankings and other evidence relating to the “iDrive” intelligent driving system to prove the popularity and influence of the trademark. The court finally granted stronger protection to the trademark. In the retrial proceedings, the Supreme People's Court affirmed the popularity and influence of the “iDrive” trademark on the intelligent driving control system in automobiles and affirmed the judgments rendered by the courts of first and second instances as well the decision made by the CNIPA.
This is the first case available in public channels that is related to the protection of the intelligent driving system on automobiles. It was heard by the Beijing Intellectual Property Court in the first instance and by the Beijing High People’s Court in the second instance and was then retried by the Supreme People’s Court. Recently, on its official WeChat account, the Beijing Intellectual Property Court elaborated and commented on six of the Top 10 IP Cases, including this case. This listing in the Top 10 IP Cases recognizes the expertise of JunHe's trademark team and showcases an appeal for the protection of innovation and originality in the ICV industry.
The JunHe team was composed of partners Xu Chumeng and Xu Haoyue, and associate Meng Shoujie. JunHe’s trademark team provides all-round and professional legal services to its clients to maximize the commercial value of their brands. They are adept at handling difficult and complex cases and advising on the whole chain of trademark practice including trademark application, authorization, confirmation, infringement and transaction. The team regularly handles various unfair competition and copyright disputes. In addition to the “iDrive” mark disputes, JunHe’s trademark team has represented clients in BMW’s sound mark case, the “If You Are the One” trademark infringement case, the infringement upon the copyright of SICIS mosaic artwork, the appeal on the refusal of Ferrero Kinder 3D trademark, “Simmons” business defamation case, the act preservation against we media’s infringement upon Xiaomi’s right to reputation, “V7 Toning Light” trademark invalidation case and the objection to the Belching Beaver trademark. These cases have been routinely recognized as typical cases by courts at all levels, industry associations and other intellectual property institutions.