The Lambretta name is in demand and, inevitably, that the owners will want to protect it. But who are the owners? The trademarks are owned, according to the UK patents office (at the time of publication of this article), by SIL and a Mr. Derry Kunman.

The way this ownership is extended and the way in which the Lambretta brand is being developed tells us the level to which Lambretta has risen and what the future holds.

On 2 April last year (2004) a new UK company was incorporated called ‘Lambretta Licensing Limited’, owned by Mr. Kunman. This company and Mr. Kunman’s business activity in 2004 reflect the fact that he is licensed by SIL to ‘sub-license’ the Lambretta logos in the UK and elsewhere. In February 2005 Mr . Kunman became the legal exclusive owner of the Lambretta trademark rights. In his words – “SIL have granted FWL (My holding company), an exclusive licence to use ALL the Lambretta trademarks registered in the name of SIL. This agreement runs to 2015, with an automatic 5 year extension.” He continues: “Where SIL have not registered the trademark, then I have personally done so. Either by making an application to register, or in the case of Alpha Lan S.A. (Spain), where I have bought any registrations that were in their name.”

Mr. Kunman says that he has no rights to the logos or name in North America but he does everywhere else.

Mr. Kunman has a strong protective determination, backed by powerful resources and a powerful team. His company is called Lambretta Licensing Limited. Its purpose is to regulate and sub-license merchandisers using the Lambretta brand.

There is some debate, albeit mainly banter, about who it is that has built up the Lambretta name over the years to be the household name it now is. There is the contention amongst Lambretta owners and Lambretta enthusiasts that it has always been a household name, a famous name, since the 1950s and 1960s when the scooters were so popular. Mr. Kunman’s contention is that he himself and Mr. Robert Harmer (Lambretta Clothing Limited) have been “the largest influence on the success of the brand”. He continues: “Whereas I have the rights, it was his design skills, marketing ability, and foresight to produce a clothing range that has made Lambretta a household name once again”.

Has it been the sight of more and more Lambrettas on the road over the past ten years that has elevated the name in public opinion?

Should manufacturers like API and SIL get some credit for extending Lambretta production twenty odd years after the Innocenti factory closure?

Or is it simply the hard marketing skills of entrepreneurs like Mr. Kunman and Mr. Harmer that account for the longevity of the Lambretta name?

Brand Enforcement or Protection

Brand enforcement is how a brand owner prevents others from using the brand name or trademark for business purposes. This could mean the manufacture or selling of any item bearing the Lambretta name and/or logo. Mr. Kunman has indicated that the brand will be protected and defended on the High Street. Last year (2004) his operations included spending over half a million pounds preventing people and deterring people from infringing his rights by using the Lambretta brand without authority. These campaigns included and will continue to include High Street and Internet retailers.

Mr. Kunman states his position as follows: “…In a nutshell, if any person/s were to make any product that infringed our trademarks, then we would take immediate legal action. Our lawyers are currently surfing the net, to compile a list of such offenders. We estimate that the legal costs will run into seven figures, all of which will be payable by the convicted offenders. We have a £20 million expansion plan, to increase our overseas presence. We therefore cannot be lenient with any trademark infringers.” [1]
 

(1) Lambretta Stores

If Mr. Kunman succeeds with his vision, we will see Lambretta shops or ‘stores’. They would be similar to the other brand stores you see in Europe and the USA. For example Levi Stores, Lacoste Stores, etc. Perhaps an easy way of focusing on the concept is the parallel with the Harley Davidson Stores.

This leaves existing Lambretta shops (or ‘dealers’ as they are sometimes called)[2] in a potentially awkward situation. By existing Lambretta shops we mean essentially automotive shops that sell Lambretta scooters and Lambretta scooter parts. But also accessories and, ‘Lambretta accessories’. ‘Accessories’ in the ‘personal’ sense can mean anything, from a tin of hair-spray to a belt, to a tie pin or lighter. Then there is merchandise, like posters, postcards, plates, mugs, signs, clocks etc. Any existing shops selling this kind of thing and any shops appearing as ‘Lambretta shops’, per se, are a direct threat to Mr. Kunman’s vision.

Mr. Kunman’s Lambretta Stores would sell Lambretta accessories, clothing, footwear, underwear and presumably merchandise. Probably anything non-automotive that the particular storeholder or franchisee liked to choose from the Lambretta range controlled by Mr. Kunman, which he is building up now.

Existing Lambretta shops might be left alone by Mr. Kunman as long as they concentrate only on automotives, automotive parts and automotive accessories although this is just the opinion of the author of this book. But what if the Lambretta stores empire does materialise and expand and get taken over by another person or conglomerate? Legally they would be able to force any similar or threatening ‘unlicensed’ Lambretta shops to close. The best case scenario is that a very tight dichotomy would evolve, allowing Lambretta ‘second-hand dealers and parts shops’ to sell automotives (second-hand Lambrettas) and automotive parts and accessories[3]. But no more than that. There is a similar system to this in the USA whereby Vespa new merchandise stores co-exist with Vespa vintage shops.

What is clear and which may be of interest to Lambretta shoppers and (existing) Lambretta shop and dealer owners is that, legally, shops and garages can, even now, be stopped from displaying the Lambretta logos and using the Lambretta name. If traders use the stylised Lambretta logo they are infringing the trademark owner’s copyright. Also, if anyone happens to call themselves ‘The Lambretta Garage’ or something of that type, without permission from Mr. Kunman’s companies, then it would be infringing his registered trade mark rights and they could be sued over it.

(2) The New Lambretta Scooters

The other big issue which explains the current groundwork with the Lambretta trademark and name is the new or ‘repro’ Lambretta projects.

In the USA, where Mr. Kunman does not own rights to the Lambretta name, the Khurana Group is launching its new Lambretta with its Piaggio 250cc engine. A large number of Lambretta enthusiasts in the UK have already registered their distaste with the new scooter, especially as it has a Piaggio engine. But, the reality is that it will probably have big marketing potential in the UK and Europe. Mr. Kunman’s efforts have made certain that if it does turn up on these shores, it won’t be badged Lambretta. If it is, or if anyone else produces a new bike and puts the Lambretta name on it without Mr. Kunman's permission, it would constitute an infringement of the trademark owner’s registered rights.

Mr. Kunman’s group has its own plan for a repro Lambretta, scheduled for 2006, which, would legally be badged as Lambretta.

In conclusion, if you want to manufacture anything bearing ‘Lambretta’, or sell anything bearing ‘Lambretta’, or open a shop displaying the Lambretta logo, contact the Lambretta Licensor first to avoid being sued or closed down later. The exception, at the moment, is that you can sell second-hand Lambretta scooters and Lambretta parts, as long as you aren’t called ‘The Lambretta Garage’ or ‘The West End Lambretta Workshop’ and, again, that you don’t display the Lambretta logo