Sir Jack sues over use of Brabham name
December 1, 2008 by George Skentzos
A high-profile manufacturer debut at this weekend’s Essen Auto Show has sparked a legal battle after legendary Australian Formula One driver, Sir Jack Brabham, was informed that his family name and reputation was being used without his consent.
The issue was raised after German-based Brabham Racing revealed its highly anticipated BMW M3-based BT 92, boasting an implied endorsement by the Australian motoring veteran and his race team.
While the names ‘Brabham’ and ‘Brabham Racing’ were registered legally by the German firm, use of the iconic motor racing legend’s name was considered be in “in complete bad faith” said Sir Jack’s son David.
“Myself and my three sons have been using the family name for donkey’s years. I want the opportunity for my grandchildren to use the name in the future.” said Sir jack.
A solicitor acting on behalf of the Brabham family indicated they would be taking immediate legal action, despite a notice which appeared on the BrabhamBMW website denying any affiliation with the Brabham Gold Coast motor racing champion in lieu of these recent events.
Seemingly obvious ties to the Brabham family were implied through various material provided by the firm, including a headline reading ‘Brabham returns as BMW tuner after 16 years’.
The original Brabham Formula One outfit folded in 1992 under the ownership of Japanese engineering firm Middlebridge Group, after which the Brabham family bought back the rights to the company.
In response to the legal threat, BrabhamBMW has released an official statement:
This website would like to state that it has no affiliation whatsoever with the legendary Brabham Gold Coast motor racing champion Sir Jack Brabham and/or his family.
This website intends to showcase Brabham tuned BMW’s that will be produced by Brabham Racing – a company that is registered with a Mr. Trick.
There is currently a legal dispute developing between the Brabham family and Brabham Racing’s resisted owner Mr. Michael Trick on whether or not he is allowed to use the name “Brabham Racing”
Source: News.com.au
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So was the German company actually talking about this man or are they just suing over a name because Brabham isn’t really all that distinctive. It might well just be a coincidence. However, I’m tired and I’m probably making no sense in both my comment and what I’m making of the article.
PS – I’m awake enough to know that that’s the second ugliest and distasteful BMW I’ve ever seen – after that horrible M5 ute of course.
It seems a pretty huge mistake to make…
What a lack of respect. Sir Jack is still and likely to remain as the only F1 champion to win in his own car. Further having 3 F1 crowns over 2 different ‘formulas’ is another rare achievement that must also command respect. Finally to call this fugly a Brabham can only be a product of German arragance. I will be complaining to the Foreign Afgfairs minister and the German ambassador. They must not get away with this insult.
Seems like a no brainer to me.
Communication breakdown. Get your legal facts straight before using other people’s names and credentials.
BMW’s association and assisted development of the BT49 Brabham BMWs in the late 70s early 80s is legendary. This concoction however, not so much.
BMW are standing well and truly on their own in terms of F1 now so would this outfit appear to muddy BMWs impressive record. Are they supported by the works?
Also, why would the ‘BT’ suffix apply to this car when ron tauranac has also had nothing to do with it?
Agree with WVB, seems like a no brainer. Appears to be a clear case of attempting to use another’s name for profit.
Contrary to others, though, I don’t mind the look of the M3 shown above, or Appleby’s M5 ute.
copied from an article about the car (on supercars.net) sorry it’s a bit long but it does show they are really implying the link!
“One of the most illustrious names of automotive history has returned. After numerous successes in Formula One and being dormant for nearly sixteen years, the legendary motor racing brand was relaunched.
Despite its long absence, the renowned company still has to meet high expectations. Its vehicles are designed according to highest quality standards and manufactured by using state-of-the-art technology. Consequently, development programmes designed for the automotive industry and Formula One manufacturing techniques are employed as well. ‘
By using wireframe models, maximum precision is guaranteed already during the construction process. The engines’ increased performance forced the constructors to develop technically independent high-performance braking systems. In addition to this, all carbon-fibre body parts used for the production of Brabham racing cars are cured in autoclaves – these quality characteristics are visible at the first and even at the second glance one gets of each new Brabham model.
At the relaunch on the Essen Motor Show 2008, Brabham Racing will already present three models: the BRABHAM BT 92 based on the BMW M3, the BRABHAM BT 60 based on the BMW M5 as well as the BT 70 – a sporty interpretation of the SUV X6. Each of these models embodies the company’s message: high-tech, quality, sportiness, design, exclusiveness and history.
Story by Brabham Racing”
^matt, i think your’e missing the point.
The implied link in your excerpt is referring to brabham’s last F1 incarnation under the middlebridge name. Tin tops & F1 are poles apart. There’s no possible way in my book that this wannabee pimp car could emulate that innovative period when the Brabham name was associated with F1. Sir Jack wasn’t even involved at that time. The brabham pedigree passed through Ron Tauranac to Bernie Ecclestone in 1972. If anything, I believe BMW themselves should have bought the rights to the brabham name et all in ‘92 to ensure the F1 pedigree remained/and remains untarnished for the future. In fact Honda, have had a longer association with the man than anyone else so if anything, the new NSX replacement would be the only car worthy of sir jack’s blessing.
The brabham family is virtually motor racing royalty in australia and i agree with 4wheelie, it shows complete disrespect.
I would suggest if the family are issuing legal proceedings against the perpetrators it would be for sound reasons.