Remember my post from a few days ago, debunking the fake Aston Martin ad that is currently going viral on Facebook and Twitter?
Well, it looks like Aston Martin Lagonda doesn’t appreciate my help….
Just found this in my inbox, an email from Lewis Silkin LLP, apparently acting as Aston Martin Lagonda’s trademark and copyright lawyers:
Subject: Aston Martin – Intellectual Property Rights
URGENT – IMMEDIATE ACTION REQUIRED
We act for Aston Martin Lagonda Limited (‘AML’), the world famous car maker.
AML is the copyright owner of the famous Aston Martin ‘wings’ device which can be seen throughout the Aston Martin website (see http://www.astonmartin.com/) and on its vehicles. AML is also the proprietor of various trade marks for ‘ASTON MARTIN’ and the ‘wings’ device (for example, the wings logo is a registered European Community trade mark EU008367823 and the Aston Martin name is a registered European Community trade mark EU008367815). AML is also the operator of the website www.used-astonmartin.com.
AN unauthorised copy of the Aston Martin ‘wings’ device appears in the bottom left hand corner of the image found at http://www.aston-martin.com/2013/02/24/ad-for-used-aston-martins-fake-or-real/. The image also uses without authorisation AML’s trade marks for the wings device and ASTON MARTIN (in the phrase ‘Aston Martin pre-owned’ and in the domain name www.used-astonmartin.com).
The image appears to be an advertisement for Aston Martin pre-owned cars but has not been authorised or approved by AML. For the avoidance of doubt, AML has never consented to the use of its name or ‘wings’ device or domain name in this image.
Accordingly, the reproduction of the ‘wings’ device in the image constitutes copyright infringement; and the use of the ASTON MARTIN name and ‘wings’ device trademarks constitute trade mark infringement; and the image itself brings the Aston Martin brand into disrepute and is defamatory of AML.
Given the seriousness of this matter we ask that you take down the infringing image immediately, both at the URL referred to above and anywhere else that it may appear on www.aston-martin.com.
LEWIS SILKIN LLP