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The Supreme Court rules that Hispano-Suiza will be the one who makes cars with it

Hispanic-Suiza still reverberates in our heads as a sign of the undeniable automotive legacy of the 1904th century. Born in 1946 from the alliance between the Catalan businessmen Damián Mateu and Francisco Seix with the Swiss engineer Marc Birkigt, the brand became a symbol of prestige and luxury on four wheels, even with the blessing of kings such as Alfonso XIII. And so it was until XNUMX, the year in which it permanently suspended the manufacture of automobiles.

Since then apparently the brand 'Hispano-Suiza' It has remained in the hands of the Mateu family for its use mainly in meetings and events of motorsport fans and for the occasional surprise -very rare- in prototype form. It is a use no longer based on the commercial, in the production of cars or other products or services within the automotive sector, but rather aimed at keeping the historical memory of the brand alive in the collective imagination.

As we will see below, this approach usually brings headaches; It is not the first nor probably the last time that the owners of a certain brand have problems for not making an exhaustive use of it.

judgment supreme court mark hispanic switzerland
The legendary stork of Hispano-Suiza

Unexpected news in Geneva

It was a few years ago, in 2010, when the legal litigation for the use of the Spanish ensign began. After unsuccessfully trying to obtain a license for the construction of its new X10V model 2 years earlier, the Barcelona-based company Delmar 04 was presented at the Geneva Motor Show to announce the upcoming manufacture of a controversial sports car that would be around 700.000 euros and that would constitute the resurrection Of the brand. Despite the new refusal of the Mateu family to license it, the leaders of delmar 04 they went ahead with their proposal.

The Mateu decided then report the facts demanding the ownership and exclusive use of the Hispano-Suiza brand. In addition, the need for compensation or indemnification for the use of original emblems and symbols of the Hispano-Suiza Fabrica de Automóvil SA in the Swiss show was also discussed. The latter has been declared unfair competition by the Barcelona Provincial Court and ratified by the Supreme Court, with Delmar 04 being sentenced to pay 35.560 in damages.

A Hispano Suiza J12 with a very sporty look

Hispano-Suiza will be who exploits it

However, the quid The point is that both the court of first instance, the Provincial Court and the Supreme Court have finally declared expiration of the exclusive right to use the trademark 'Hispano-Suiza' by its traditional owners. The reason is that they have not manufactured motor vehicles under their banner or used it in any other automotive industry project in the last 80 years.

The three judicial instances attest that a glorious past is not sufficient to prove the effective ownership of a trademark. And it is that industrial property is not forever; Although we assume that the Mateu family has so far had the Hispano-Suiza trademark registered, this does not assure them the exclusive right to exploit it. For this, it is essential to demonstrate activity in the sectors reserved for its use; Except in rare occasions, it is not valid only with social notoriety.

In short, it is a complex legal issue whose exhaustive analysis is beyond the scope of this news. Beyond the controversy, what we would like is to see Hispano-Suiza back in the hands of whoever it is. The fact is that I go back to making cars;)!

Finally, we leave you a link to report of 'El Confidencial', more complete than our content, and we invite you to read the magnificent article by Paco Carrión on a Hispanic K6.

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Written by Alvaro Romagosa placeholder image

Alvaro Romagosa has a degree in International Relations and is passionate about music. Drummer of the indie group Gole Yaika, has decided to collaborate in 'La Escudería' so that you enjoy their news ...

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