BAYERISCHE MOTEREN WERKE AKTIENGESELLSCHAFT V EDWARD RONAYNE
(TRADING AS BMWCARE) [2013] IEHC 612
A recent decision of the Irish High Court examined the use of
the BMW word mark by a business which specialises in repairing BMW
cars but is not associated with BMW. In a decision of Mr. Justice
Ryan, it was held that the Defendant, Mr. Edward Ronayne who traded
as "BMWCare" was engaged in trademark infringement and
passing off. The Court held that Mr. Ronayne's use of
"BMW" went beyond advertising his services, that he had
sought to create an identity using the name "BMW" and had
not done enough to avoid the inference of a commercial
connection.
The Background
High Court proceedings were issued by BMW, the worldwide company
with a well-recognised brand, holding a number of internationally
recognised trade marks in December 2010. The Defendant was Edward
Ronayne (trading as BMWCare) who operated a garage in the west of
Ireland specialising in BMW repairs. Mr Ronayne
