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Home » Featured, Trademark

Is that a Mercedes? No, it is a Hyundai in Sheep’s Clothing.

Submitted by Nina Mantilla on August 22, 2010 – 9:44 PM8867 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F22%2Fis-that-a-mercedes-no-it-is-a-hyundai-in-sheep%25e2%2580%2599s-clothing%2FIs+that+a+Mercedes%3F+No%2C+it+is+a+Hyundai+in+Sheep%E2%80%99s+Clothing.+2010-08-23+02%3A44%3A39Nina+Mantillahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D886

I drive a Saturn coupe that sports a very awkward, outdated trend: three doors. If the number of doors confuses you, don’t feel bad, you’re not the only one.  This means I am always on the lookout for my next “dream car.”  Last week, I was admiring other cars on my daily commute when I found it. My dream car.  It was a beautiful, sleek, stylish Mercedes….I pulled up closer and looked again…wait… no….is that a…..Hyundai!? I hope I am not the only person who has been caught off guard by how much a new Hyundai looks like a new Mercedes, as this has certainly not always been the case.

Since 1999, the Korean carmaker has grown faster than any other major automaker, and has been gradually implementing a new image for their car trying to compete with cars like Toyota’s Avalon, Nissan’s Maxima, and Ford’s 500.  Hyundai’s goal is to make a car that is just as luxurious as its competitor’s, but several thousand dollars cheaper.  But it seems that these new Hyundai models have actually succeeded in stepping on the toes of the luxury brand carmakers, such as Mercedes. Hyundai is offering a car that can be confused for a Mercedes, but is at least half the price. Given how similar the vehicles look, how long it will take before Mercedes brings a potential trade dress infringement case?

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About the Author:

Author: Nina Mantilla

Nina Mantilla is a 2L at Washington College of Law. She is interested in trademarks, copyrights, and trade secret law. As an undergrad at University of Virginia, she majored in history. Nina also enjoys drinking coffee, hanging around WCL, and dancing.

Nina Mantilla has written 9 posts for the IPB.

8867 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F22%2Fis-that-a-mercedes-no-it-is-a-hyundai-in-sheep%25e2%2580%2599s-clothing%2FIs+that+a+Mercedes%3F+No%2C+it+is+a+Hyundai+in+Sheep%E2%80%99s+Clothing.+2010-08-23+02%3A44%3A39Nina+Mantillahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D886 »

  • ConceptVBS says:
    August 23, 2010 at 1:52 AM

    Need glasses….much.

    Reply to this comment »
  • Dana says:
    August 23, 2010 at 12:52 PM

    Interesting find! I wonder if there have been many trade dress infringement cases for car designs – since there are only a limited amount of features that can be “design”-related rather than functional, I’d imagine that these cases are pretty rare. But in the Hyundai business model, it may be something to watch out for!

    Reply to this comment »
  • cooper says:
    August 23, 2010 at 11:44 PM

    I think the Author should get her eyes checked. If you can’t tell the difference between two vehicles above, you shouldn’t write about cars! Or maybe, you should just say the both vehicles have four wheels, seats, steering wheel and an engine…

    Reply to this comment »
    • Eric says:
      August 26, 2010 at 10:22 PM

      @cooper She not writing about cars, she’s writing about trademarks. If “Char”-bucks Brand coffee can be found liable for trademark infringement on the Starbucks mark, then a similar looking car made by Hyundai could come under fire.

      I guess it would come down to a number of issues that I don’t know much about: Do car manufactures include design elements that are completely arbitrary? If not, do they get design patents on the design of the cars in addition to the actual mechanics of the car? It’s definitely interesting!

      Reply to this comment »
  • RMAC says:
    August 26, 2010 at 8:58 AM

    They actually do look very similar in real life. I am a car enthusiast and I have been fooled on many occasions. I’m glad someone else pointed this issue out.

    Reply to this comment »
  • Pablo says:
    August 26, 2010 at 3:02 PM

    It is quite clear to anyone reading that THE POINT of the article is to bring attention to the updated design of hyundai’s vehicles, not to suggest that she couldn’t pick them out of a lineup. Also, most cars have transmissions, cooper.

    Reply to this comment »
  • dp22 says:
    December 8, 2011 at 8:40 PM

    fellow law student here with similar thoughts. excellent question, excellent post.

    Reply to this comment »

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