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Audi Thinks NIO Naming Strategy Hurts Its Trademarks, Sues the Chinese Automaker

NIO already sells its vehicles in Norway, and it will soon do the same in Germany. The main difference is that the Chinese carmaker will be faced with a lawsuit on the German market. According to the Handelsblatt newspaper, Audi told a Munich court that NIO’s naming strategy hurts its trademarks.
NIO ES8 will have a hard time with Audi in Germany: it thinks the name is too similar to S8 50 photos
Photo: NIO
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The main issue would be with two of NIO’s models: the ES6 and the ES8. According to Audi, those names are just too similar to S6 and S8, which is what it calls sportier derivatives of the A6 and A8. We’d bet the recently presented ES7 would also be included in this lawsuit because of the Audi S7.

The unexpected move does not make much sense. After all, Audi sells the S6 and the S8 in China, and we have never heard of a lawsuit there against NIO. It also sells these vehicles in Norway, where NIO is currently selling the ES8. On top of that, Ferdinand Dudenhöffer, automotive professor at the Center Automotive Research (CAR) in Duisburg, told Handelsblatt that he does not see how two SUVs could be confounded with performance sedans. It indeed seems very unlikely.

None of that seems to have changed Audi’s mind. NIO was planning to start sales in Germany by Q4 2022. At first, it will only sell the ET7 in Germany, not the ES8 it currently sells in Norway. Ironically, the ET7 is a competitor to the A8/S8. We don’t think Audi will have any lawsuit argument available to try and stop its sales.

For a matter of coherence, Audi may try to sue NIO in Norway and China as well. We may hear first from the German court. If it agrees with Audi, NIO may have a hard time renaming its vehicles not only in Germany, but also in all members of the European Union. Although that is a nuisance, it is doubtful that it will stop NIO in the Old Continent.

William Li recently confirmed that NIO would have a factory in Hungary to manufacture battery swap stations and charging stalls. Instead of importing them from China, the NIO CEO wants them to be produced locally to accelerate the expansion of Power Swap stations. Whatever the name NIO cars are allowed to have, it seems Audi will need more than lawyers to prevent the threat they pose.
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About the author: Gustavo Henrique Ruffo
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Motoring writer since 1998, Gustavo wants to write relevant stories about cars and their shift to a sustainable future.
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