We are aware that the Italian companies Motom Electronics Group SPA (MEG), Lambretta Motolife Italia SRL and CLAG, are continuing to distribute unauthorised and unapproved Lambretta models in some European and Asian countries claiming valid trademark registrations via Scooters India Limited (SIL). These claims are false. Please contact your local trademark lawyer to check the trademark databases in your country.
Numerous court cases are pending agains the illegal activities of the Italian parties involved. All current unapproved distributors will be held liable for any and all damages by entering into deals with the parties mentioned above.
On 21 March 2013 the Italian court orders Motom (and therefore Lambretta Motolife Italia) to immediately cease the illegitimate use of the trademark Lambretta including use on the LN, LT, LJ and LS models. Motom is ordered to pay 10.000 euro penalty per sold scooter
For these reasons the Court, also in function of Court of trademarks, EC models and designs, rejects every other instance and exception:
1. Welcomes the complaint lodged by Lambretta Scooters Limited and for the effect:
- it authorizes the seizure from Motom Electronics Group spa, of all products and all advertising and promotional materials made from counterfeiting of Lambrettamarks covered in the 31.3.2010 license agreement, found in offices, shops, warehouses, depots or other appurtenances of the respondent, allowing the complainants or their representatives to attend the operations, for the sole purpose of finding material;
- prohibits further use by Motom Electronics Group spa from each further use, in any form or in any way, of the Lambretta marks covered by the 31.3.2010 contract;
- orders the publication of the operative part of the present ruling, publicationto be carried out in the Corriere della Sera, once only, over two columns and double the normal character, by and at the expense of Motom Electronics Group spa, within thirty days of the notification of the measure, with faculty for the complainants to do so themselves, in case of incomplete or untimely fulfillment by Motom Electronics Group spa, requesting these expenses by simple submission of invoice;
- sets € 10,000 as the penalty due by Motom Electronics Group spa for eachviolation found after the commencement of the period of 30 days from the notification of the present decision and € 2,000 as the penalty due for each day of delay in this execution by Motom Electronics Group spa after the commencement of the period of 30 days from the notification of the present decision;--
LIST OF ILLEGAL DISTRIBUTORS
The Asian scooter models LN, LS, LT and LJ series cannot carry the Lambretta trademark, lacking the consent of Lambretta Consortium, the legitimate owners of the Lambretta sign at issue.
Click
here to view list of illegal distributors
WAIVER
The models are not genuine Lambretta's and Lambretta Consortium exempts and waives any and all liability for personal injury and property damage.
Click
here for more information.