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June 27, 2008

BMW Wins Court Order to Ban Sales of Chinese X5 Clone in Germany

In a decision that might set the example for similar cases in the near future, a court in Munich, Germany ruled that China Automobile Deutschland GmbH’s Shuanghuan SCEO SUV infringes BMW's design rights as it’s appearance clearly resembles that of the previous generation X5 SUV.

The Munich Regional Court ruling not only prohibits the importer from selling the SUV in German but it also decided that the China Automobile Deutschland GmbH must destroy all models it still has in its possession. Although China Automobile Deutschland GmbH plans to appeal against the court ruling, sources from Germany state that a change of mind is extremely difficult in this case.