Licensee
FINE WHITE LINE LIMITED (FWL) with registered office at 2 Pedigree Farm Barns, Althorp, Northants, NN7 4HE, United Kingdom,
and the two Sub-Licensees
1. LAMBRETTA SCOOTERS LIMITED (LSL) with registered office at 2 Pedigree Farm Barns, Althorp, Northants, NN7 4HE, United Kingdom,
2. SCOOTERS ASIA LIMITED (SAL) with registered office in 20 Molesworth Street Dublin 2, Republic of Ireland
issue the following statement.
FWL licensed the trademark LAMBRETTA based on a license agreement with SIL to LSL and SAL.
1. LSL was the sub-licensee of the trademark LAMBRETTA for the European market.
On 31 March 2010 LSL granted a further sub-license to MOTOM ELECTRONICS GROUP SPA (here after Motom ), in order to exploit the exclusive rights on the Trademark LAMBRETTA in Italy with a conditional possibility to extend the territory. This agreement was terminated on 15 November 2011 because MOTOM failed to pay the Minimum Royalty due and committed other contractual breaches.
Download here the termination letter with MOTOM
2. SAL was the sub-licensees of the trademark LAMBRETTA for the Asian market.
On 18 May 2010 SAL granted a further sub-license to CLAG INTERNATIONAL LIMITED (here after CLAG) in order to exploit the exclusive rights on the Trademark LAMBRETTA in 11 Asian countries. This agreement was terminated on 1 August 2011 because CLAG failed to pay the Minimum Royalty due and committed other contractual breaches.
Download here the termination letter with CLAG
This means that any Scooter currently produced via MOTOM or CLAG (specifically the LN, LS, LT and LJ series) or by any other company affiliated, participated, commercially linked or connected to MOTOM or CLAG, including but not limited to:
DBM LAMBRETTA INTERNATIONAL
LAMBRETTA MOTOLIFE
LIFE LONGARI & LOMAN
ADLY / GAMAX
HER CHEE
cannot carry the LAMBRETTA trademark, lacking the consent of the legitimate owners of the sign at issue.
Any genuine and valid licensing agreement should be signed directly with LAMBRETTA DISTRIBUTION LIMITED (LD) part of LAMBRETTA CONSORTIUM.
Moreover the mentioned companies have no authority to use the trademark LAMBRETTA in their company names, websites (including but not limited to: www.lambrettaoriginale.com, www.lambretta-italia.it, www.lambrettaweb.com and www.lambrettamotorcycles.com) or on any other products they produce or distribute.
LAMBRETTA CONSORTIUM has instructed its lawyers to:
WARN
Importers and distributors partnering up with either MOTOM ELECTRONICS GROUP, CLAG INTERNATIONAL, LAMBRETTA MOTOLIFE, DBM LAMBRETTA INTERNATIONAL or connected parties of the following relevant facts:
1. All importers/distributors engaged in the LN, LS, LT and LJ series must immediately cease and desist from ordering, marketing and advertising, offering for sale and distributing any product:
a. produced or assembled after 15 November 2011 bearing the trademark LAMBRETTA on Italian territory; If the Court of Milan decides that the earlier termination of 20 December 2010 was legitimate then produced or assembled after 20 December 2010.
b. after 1 August 2011 bearing the trademark LAMBRETTA on Asian territory;
c. produced or assembled bearing the trademark LAMBRETTA on the remaining territory;
2. All importers/distributors engaged in the LN, LS, LT and LJ series must immediately cease and desist from using in the course of business the trademark LAMBRETTA or any confusingly similar sign.
3. All importers/distributors engaged in the LN, LS, LT and LJ series must inform to us all the quantities of LAMBRETTA products, imported, commercialised, offered for sale, distributed or ordered to date.
4. All importers/distributors engaged in the LN, LS, LT and LJ series must not take delivery of any incoming shipment of products bearing the trademark LAMBRETTA, unless explicitly authorized by us in writing.
5. All importers/distributors engaged in the LN, LS, LT and LJ series must sign and return a letter of acceptance that they have understood and accepted the obligations hereby contained.
6. All importers/distributors engaged in the LN, LS, LT and LJ series will be held liable for all damages caused by the non-compliance of the parties with the above regulations. They will be excluded from future distribution licenses.
LAMBRETTA CONSORTIUM takes a very strict stance in this matter and have been forced into this action to protect their exclusive rights.
The Board