back to article Tesla trademark spat threatens Musk's China dream

Elon Musk’s electric wagon biz Tesla may be forced to retreat from China after Chinese businessman Zhan Baosheng claimed he owns the trademark "Tesla". Guangdong-based Zhan registered 特斯拉 (Te Si La) in 2006 – well before Tesla set up shop in the Middle Kingdom. According to Reuters, Tesla thought the dispute was resolved in …

Anonymous Coward

I'm sure even 1 million yuan would go a long way in making someone disappear or have an unfortunate accident in China.

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Devil

Elon Musk owns ICBMs. Why pay someone else? He may not have nukes, but with access to heat shields and orbital velocity - that's not a huge problem...

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Anonymous Coward

Carpe diem or opportunistic

Some allegations of previous by this gentleman, with pictures of the (Musk) Tesla-like logo

http://www.ibtimes.com/trademark-troll-zhan-baosheng-tried-take-other-company-names-will-help-electric-carmaker-win-its

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Mr Musk will just have to use the Weber or Volt second per meter squared as his company trade name in China instead.

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he is a troll, but i'd _possibly_ give him a small portion of benefit of doubt if all he tried was copying the name... after all, Tesla as a collection of letters isn't one of musks inventions....

but to go the whole hog and carbon copy the logo too is pushing his claims a little too far...

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According to the article provided by the AC earlier, he's done this with multiple western companies, probably just sitting on them like all trolls until they try to expand to China. There are coincidences in the world, but not that big.

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Anonymous Coward

Just what I thought - the name you could possibly argue about. But the stylised T logo is such an obvious blatant copy, and using exactly the same font?

I assume if this is pointed out that he'll claim Musk stole it from him.

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Sounds like someone's found a way around those pesky trademark laws when making cheap clones of Western products.

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Anonymous Coward

rebrand to...

滚开广汽

Google translate is slightly more polite than I would have liked...

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another one in a long history

Confucius say: the copy honors the original

http://acidcow.com/pics/43947-counterfeit-goods-from-china-30-pics.html

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Typical China... stolen names and cheap knockoff's

Elon, Please give up on factories or storefronts in China as long as this fucking troll is alive. You can definitely make the cars and batteries economically elsewhere. When the Chinese government tell you it's okay (in their rush to get your money and your IP), still say no until they publicly execute Baosheng on TV. I have seen too many companies look to move to or do business with China only to see their products copied or ideas stolen.

Instead put up a factory in India and you'll still sell cars in China via the black market (Hong Kong). Some countries need to stop trademark and IP thieves earlier but removing them from the gene pool is a good start and the only punishment that is actually preventative!

The world needs one INTERNATIONAL trademark/patent registry that has actual power over trade . Nations would submit local applications to a final agency that decided for the entire world. This could have been something the UN could have gotten behind if they weren't so corrupt, indecisive and incompetent.

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Anonymous Coward

Re: Typical China... stolen names and cheap knockoff's

Giving the death penalty for being an opportunistic sh*t is a tad over the top IMHO..

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Anonymous Coward

Re: Typical China... stolen names and cheap knockoff's

"The world needs one INTERNATIONAL trademark/patent registry that has actual power over trade. Nations would submit local applications to a final agency that decided for the entire world. This could have been something the UN could have gotten behind if they weren't so corrupt, indecisive and incompetent."

I'm all for it if that means we can finally get rid of that stale cats piss that the Yanks dare to call "Budweiser" whilst ignoring the existence and rights of the much older Czech company called Budweiser Budvar (whose beers are far superior).

Alas I fear that setting up such an organisation would be almost impossible. The difficulties of resolving the enormous number of existing clashes between trade names would kill any such attempt stone dead from the outset.

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Re: Typical China... stolen names and cheap knockoff's

I suppose people like Musk could have thought ahead and gotten the Chinese trademark when he started the company in 2003 and avoided the problem. Is the cost of a Chinese trademark so high that they couldn't afford it? Someone managed to grab it and sit on if for a long time.

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Re: Typical China... stolen names and cheap knockoff's

But why should he need to? For a company to have a valid trademark in any country, it should be clear that one has to genuinely believe that trademark to be original. If someone else somewhere is using it first, registering a copycat trademark is an attempt at fraud, which is a criminal offence.

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Re: Typical China... stolen names and cheap knockoff's

Actually I fear it's more that the US will insist on running the organisation based on rules it decides will be what kills it stone dead.

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Re: Typical China... stolen names and cheap knockoff's

If someone else somewhere is using it first, registering a copycat trademark is an attempt at fraud, which is a criminal offence.

Because it really is a regional issue. You run into a serious problem if it turns out one guy living someplace like Tuvalu has been knocking out Tesla electric golf carts since the late '80s. Who should lose the brand or should they both be allowed to use it with some basic geographic restrictions? What happens when our Tuvaluan Tesla decides he has improved to the point where he can make electric cars and wants to go international? Since our scenario has the Tuvaluan with the trademark first, albeit unbeknownst to most outside of Tuvalu, is Musk's company guilty of fraud? Does that change if Musk had actually been to Tuvalu and been for a ride in one of the Tesla electric golf carts and why?

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So Musk will be in rage after bridge of spies to get on the road of our (his?) dreams?

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Haswell, Broadwell, Maxwell, Devils Canyon, Deneb

All geographical (or astronomical) names and thus "untrademarkable". So why not market yourself with such a name? Other people could use it, but nobody could sue you for using them yourself.

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Re: Haswell, Broadwell, Maxwell, Devils Canyon, Deneb

I think you've stated the exact issue, "other people could use it".

If you're marketing under that name you want customers to be secure in the knowledge that the 'Maxwell' Electric Car they've just bought is one of the quality ones that you produce, rather than a cheap copy with an identical name.

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So just change the name in that territory

GM / Holden / Vauxhall / Opel seem to shift a few cars without too much of an issue...

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This post has been deleted by its author

Re: Poor Nikola

Linked to from other articles IIRC, but anyway:

http://theoatmeal.com/comics/tesla

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This post has been deleted by its author

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be my guest ..

Musk opened up all the Tesla Motors patents in June so let this man see if he can build Tesla cars safely and reliably. He might be want to be warned though that Tesla's partner in China is Foxconn. Just thought I should mention that.

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FAIL

Pirated name?

This Chinese guy's got balls. He didn't register "Tesla", he registered "Te Si La". The case should be laughed out of court. It's stupid, and an obvious IP troll.

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Anonymous Coward

Trademark Nikola!

Hurry, trademark other names to be used in China as well before this shmuck does: Elon. Musk. Pitelon. (patent troll elon). Telon. Tusk. Nesla. Musk Charger. The dictionary, hurry!

Tesla can play the same game as happened on those american states that don't allow direct Tesla sales: just put several showrooms all over China, but direct the customers to online sales via California. Carefully avoid the Tesla logo on the showrooms and only use it on the website, where the trolling doesn't work. Nikola Model S doesn't sound so bad. Musk Supercharger S works even better.

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