Monday, September 27, 2010

Fernandes has no rights to Lotus brand

Proton Holdings Bhd maintained today that Malaysian motor sport boss Datuk Seri Tony Fernandes has no right to use the Lotus brand in the 2011 Formula 1 season.

Proton said with its agreement, its wholly-owned subsidiary Group Lotus has now terminated its licence to 1 Malaysia Racing Team to use the "Lotus Racing" brand in the 2011 and future Formula 1 seasons as a result of the flagrant and persistent breaches of the licence by 1 Malaysia Racing Team, which were damaging to the "Lotus" brand.

Following the termination, neither 1 Malaysia Racing Team, nor any other company associated with Fernandes such as Tune Group Sdn Bhd or Team Lotus Ventures Ltd has the authority of Group Lotus to use any "Lotus" brand in the 2011 Formula 1 season, including the use of the brand "Team Lotus", it said.

Last year, Fernandes and 1 Malaysia Racing Team recognised the rights by taking a licence from Group Lotus to use the "Lotus" brand for the "Lotus Racing" team in the current Formula 1 season, Proton said.

"We believe the Lotus brand to be one of the most valuable brands in Formula 1 today. We are the owners of this brand, and will take all necessary steps to protect it," said Datuk Seri Mohd Nadzmi Mohd Salleh, chairman of Proton and Group Lotus.

"Tony Fernandes has no rights to use the Lotus brand in the 2011 Formula 1season, and we will strongly resist any attempts by him to use our brand without our permission and will withdraw our sponsorship of the Lotus Racing team," he said.

"To put it simply, Group Lotus is everything Lotus. The fact that 1 Malaysia Racing Team entered into an agreement with Group Lotus to use the brand means that both Mr Fernandes and 1 Malaysia Racing Team recognises and acknowledges Group Lotus' rights."

Fernandes announced recently his intention to rename his "Lotus Racing" Formula 1 team as "Team Lotus" for the 2011 Formula 1 season.

Proton said Fernandes also indicated that Tune Group has acquired the rights to the name "Team Lotus" from a business formerly owned by David Hunt called Team Lotus Ventures Ltd.

"Group Lotus believes the rights to have no proper legal foundation, a fact of which Fernandes was well aware when his company purchased them," it said.

"There is and always has been only one Lotus, the Lotus started by Colin Chapman. From the beginning Lotus made road cars and raced racing cars."

Proton said until 1994, Group Lotus, the road car manufacturer and Team Lotus, which operated the Formula 1 team, were in common ownership with common directors.

In 1994, Team Lotus failed and Lotus has not raced since, it said in recalling the history of Lotus involvement in Formula 1.

Since 1994, Hunt has claimed to have acquired assets of Team Lotus,including its name, from the liquidator, Proton said, adding that Hunt has never raced as Lotus.

Hunt's attempt to acquire the name Team Lotus was ineffective, it said.

Group Lotus is the owner of all rights in the "Lotus" automotive brand,including those relating to Formula 1, Proton said. -- Bernama

Read more: Fernandes has no rights to Lotus brand http://www.btimes.com.my/Current_News/BTIMES/articles/20100927203115/Article/#ixzz10jcmHGpy

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