Mercedes-Benz Specialists, is there any confusion? Opinions would be welcome

Steve@Avantgarde

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Hi everyone,

I am in dialogue with Mercedes-Benz about the use of the term "Mercedes-Benz Specialist". They are insisting this is mis-representative and indicates that I represent the manufacturer in an official capacity and would prefer I use the term "Independent Specialist". Whilst I have no real objection to the phrase its a bit annoying as it means changing logos, signs pretty much everything at a great cost.

MB like to use the term "official workshops" and in no way does their branding state "specialist".

So a bit of a straw poll here. If you, the owner see a "Mercedes-Benz Specialist" advertised do you assume it to be an independent or an official workshop?

Your opinions would interest me.
 

toby1

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I would automatically assume an independent.
 

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I think that as you were employed by Mercedes at one point in time then you can say that you are a specialist.

If you take the word "specialist" it means that you specialize in that subject.

I think that they would have a hard time to get you to stop using the word and they are just trying to scare you.

The fact that you do specialize means just that and nothing else.

They tried this on with Phil I think in Letchworth

To quote from Collins
to train in or devote oneself to a particular area or study , occupation or activity.
 

brandwooddixon

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I know that this isn't the answer that you're looking for, but bear in mind that any legal action will probably cost you far more than the costs of rebranding.

As a business you have to cover your own legal costs even if you win! I won a legal action over IP ownership and all I had to show for it was a ten grand bill and that was almost ten years ago now. Goodness knows what it would cost now.
 

whitenemesis

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I would assume "Mercedes-Benz Specialist" to be an independent.

"Mercedes-Benz Specialist" is descriptive, categorical and advises the reader the workshop has expertise with Mercedes Benz vehicles.

(I would assume an "official workshop" to be specialists anyway)
 
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Steve@Avantgarde

Steve@Avantgarde

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I know that this isn't the answer that you're looking for, but bear in mind that any legal action will probably cost you far more than the costs of rebranding.

As a business you have to cover your own legal costs even if you win! I won a legal action over IP ownership and all I had to show for it was a ten grand bill and that was almost ten years ago now. Goodness knows what it would cost now.

I am in doubt MB have me by the short and curlies and I have no real intention of fighting them legally I was just interested in public opinion.

I would rather spend £1500 somewhere else in the business rather than to satisfy and overpaid suit in a legal department somewhere and if I can make his life hard for a few weeks having to email, research and generally waste his time then I will.
 

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Agree with the above. Most of us know what it means, and it means an independent.

However, Joe Public may not be so aware, so can kind of see where they are coming from. But to be honest, they are probably just trying to cause you a hassle for no reason. I wouldn't bother changing it.

If I was you, I would tell them you are not in the wrong, but don't mind changing all the logos, etc if they are willing to pay for the re-branding!
 

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I would assume "Mercedes-Benz Specialist" to be an independent.

"Mercedes-Benz Specialist" is descriptive, categorical and advises the reader the workshop has expertise with Mercedes Benz vehicles.

(I would assume an "official workshop" to be specialists anyway)

I think Peter that " official workshop" would indeed be wrong, but not "specialist " Official would imply that mercedes permission has been given
 

Triv

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I would automatically assume it meant independent.
Mercedes Benz are manufacturers and dealers in their own branded products. That makes them 'experts', not specialists.
'Specialist' suggests 'can work on all but specialises in...'.

Mercedes need a better command of the English language and to stop behaving like the Third Reich.

Is it any wonder the world is in such a mess?
 

whitenemesis

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I think Peter that " official workshop" would indeed be wrong, but not "specialist " Official would imply that mercedes permission has been given

Agreed, I was using the phrase to refer to a dealership, "official" to me means MB
 

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As a Mercedes owner , I have never been confused withe the term
" Specialist ".

You and others specialise in the repair of Mercedes Benz vehicles , in
no way does this say to the general public that you are affiliated
with Mercedes Benz at all .

Do other Specialists who concentrate on BMW , VW etc have
the same problem ?.

Seems to me a late dig at the , it doesn't affect your warranty
ruling !!!

Rob
 
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Steve@Avantgarde

Steve@Avantgarde

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Interesting thoughts so far people. Please keep them coming. I am going to present this to Mercedes-Benz at the end of the day.
 

deejaybee

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I can't see how the word "specialist" or "independent" after "Merecedes Benz" can be interpreted completely differently as regards any official connection with MB.

I would have thought that joe public would regard terms like "main dealer" or "official workshop" as being officially part of a brand and any other term as being an independent business.

Can't see how MB would have any legal position on the use of the term "specialist" unless they can show that it is in common use in official MB lierature or they have patented the term in connection with MB? otherwise it is just a generic word which has a meaning in the english langauge as already pointed out.

Hope you are successful with this.
 

mark.s

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Hi Steve,

Could you say Avantgarde Automotive - Specialists in Mercedes-Benz cars.

The addition of cars refers that you are not a specialist in the brand / company Mercedes-Benz but a specialist in the cars ???

But I agree that Independent is obvious with Avantgarde Automotive at the front. but some companies who are Independents have company names that could be thought as a main dealer.
 
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Steve@Avantgarde

Steve@Avantgarde

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Whats wrong with Independent Mercedes Benz specialist?

No ambiguity there at all.

Nothing at all. It just means rebranding my business for the sake of the word "independent" when it appears it has absolutely no bearing on the general publics interpretation neither does it appear confusing to any existing customers of what my business actually is.

That is the point!
 

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I do not believe the term ''Mercedes-Benz Specialists'' is likely to mislead the public.

I do not believe that the term ''Mercedes-Benz Specialist(s)'' can be demonstrated to be the preserve of Mercedes-Benz. ''Specialist'' is merely descriptive.

If they were to take legal action, and I doubt they would, I think they would have to demonstrate that you were ''passing off'' or perceived by the public to be ''passing off'' as being an official approved MB workshop. It is unlikely that they would succeed but they will know that you could not afford to enter into any form of protracted litigation.

In my judgement the main dealer net work and the ''network'' of indies are complementary and should be working together to satisfy the demands of the MB owner,......in fact one of the great strengths of the MB marque is the comprehensive network of indies.

To attack the indies would almost certainly do MB a disservice.

Mic
 

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If I could make a little suggestion: rapidly print off screen-shots of your website (which IMO clearly states "Independant) and take photos of your premises (name etc), and then post this all to yourself by registered mail that you keep unopened.

Just as proof of what your existing ttrade description is at present.

Don't forget an extra copy for use if they get stroppy.

Just a last thought: how many "MB specialists" are there in the UK ?
Seems a pretty general term to me.

Good luck.
 

brandwooddixon

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I must admit that there is now way that I would interpret your company name to be part of Mercedes-Benz group. After all the Mercedes-Benz franchises etc. are all called "Mercedes-Benz of ...".

I guess that you may be able to misinterpret someone's job title if they referred to themselves as a Mercedes-Benz specialist as I dare say that there are a number of employees of MB who are termed "specialists" for a particular reason or in a particular field.
 


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