Both trademarks start with the element LAND, which, according to Nissan, refers to land vehicles and is thus not distinctive. Furthermore, there are many other car brands which contain the element LAND. Nissan does not provide any proof of this, however. The first verdict rules in favor of Land Rover. The trademarks Land Rover and Land Glider have been applied for identical goods and are deemed too similar. Because of the reputation of Land Rover the consumer may also assume that Land Glider had some kind of link with land Rover. As a result the trademark is refused. The European trademark authorities still have to rule on the European application. In general they are a bit more lenient, there is still some hope for Nissan.
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