Shut-off (not cheat) devices are everywhere!

Opel has admitted that the engine management software in Zafiras shuts off the exhaust treatment system under certain conditions. They also say this is legal. The announcement has come from the Transport Minister in Germany, and sounds not unlike Mitsubishi's recent admission about its system shutting off at a certain temperature. The difference seems to be that whereas Mitsubishi admitted to setting it to shut off at a temperature chosen for other (non-emissions) reasons, the same is not true of Opel. The systems are designed to shut off in certain circumstances, and there's nothing necessarily suspicious about it.

VW seeks dismissal of some U.S. emissions claims

VW is asking a judge in California to dismiss some of the claims arising from Dieselgate. It argues that the claims involving 3 litre engined cars (about 85,000 of the 600,000 affected vehicles) were not sufficiently substantiated. The story is in Automotive News, here.


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Norway's wealth fund to sue Volkswagen over emissions scandal | Reuters

Norway's sovereign wealth fund plans to sue Volkswagen over the emissions scandal, says Reuters. The fund has a substantial holding in the car maker, and the after-effect of Dieselgate has made a big dent in its profits. It is planning to join a class action in Germany.



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Bridgestone Wins Design Infringement Lawsuit with Chinese Tire Manufacturer - Automotive World

Via Automotive World, here is the press release put out by the tyre maker about its victory in a case against a Chinese company which had infringed its rights in tread designs:

Bridgestone Corporation (Bridgestone) today announced that it has received a favorable ruling in its lawsuit regarding infringement of tire tread design rights against Chinese tire manufacturer Triangle Tyre Co., Ltd (hereafter, Triangle Tyre).

Triangle Tyre had been manufacturing and selling tires using a tread pattern* for studless tires for which Bridgestone holds exclusive design rights. In October 2013, the Company filed a lawsuit with the Intermediate People’s Court in Changchun, China. The lawsuit claimed that the activities of Triangle Tyre constituted a design rights infringement. In July 2015, Bridgestone’s claim was upheld, and the court ordered Triangle Tyre to cease manufacture and sale of tires that use said tread pattern and pay damages to the Company. While Triangle Tyre appealed the ruling, the High People’s Court in Jilin Province upheld the original ruling in January 2016 at an appeal trial, resulting in a victory for Bridgestone.

Bridgestone is committed to protecting its intellectual property and will continue to deal with any unauthorized use or infringement of its patents, trademarks, or any other intellectual property in a strict manner. With this level of vigilance, Bridgestone is prioritizing the safety and quality associated with its products, and maintaining and enhancing its hard-earned brand value.

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German court bans Airscarf seat heating in Mercedes cars

Reuters reports that Mercedes has been banned from selling cars equipped with its Airscarf heating system, which blows warm air round your neck - useful if you are in a convertible and don't have a real scarf, presumably. Safer, perhaps, because a real scarf could become caught in a wheel. The device infinrges a patent. Strangely (and to the car maker's apparent consternation) although lower courts had sided with Mercedes, the Bundesgerichtshof found against them on appeal. Perhaps it shouldn't be too surprising, as that's why we have appeal courts.

No judgment available yet on the BGH website, at least not that I can find, but if I find it later I will post a link.

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Motor Codes passes CTSI audit for all three codes of practice - Car Dealer Magazine

Car Dealer Magazine tells us that Motor Codes' three codes of practice, for service and repair, vehicle warranty products and new cars, have met the requirements of the Chartered Trading Standards Institute’s CTSI’s Consumer Codes Approval Scheme, launched in 2001 by the former Office of Fair Trading to give the public increased confidence in trade associations and business organisations that operate codes of practice.Motor Codes' press release is here  (much the same as the Car Dealer story), but I can't find a link to the actual report on the CTSI website.

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USA: Dealer prevails in Performance Dispute Win

A press release from Arent Fox LLP, Law Firm, explains how the firm won an important case, in which the plaintiff was Beck Chevrolet Co., Inc., on the selective and arbitrary imposition by vehicle manufacturers of unfair and unreasonable sales standards. The issue arose from the use of state-wide benchmarks, which failed to take account of local factors, and turned on  two provisions of New York’s Franchised Motor Vehicle Dealer Act. Many dealers in the UK might wish there was a similar law here ...

The case, Beck Chevrolet Co., Inc. v General Motors LLC 2016 NY Slip Op 03412, came before the New York Court of Appeals (Rivera, J) on certified questions from the United States Court of Appeals for the Second Circuit, and was decided on 3 May.

Arent Fox partner Russell P. McRory said:

Beck Chevrolet’s success will help stop manufacturers from implementing unfair and unreasonable sales standards that are selectively and arbitrarily applied, particularly when broad state or regional averages are applied to dealers located in markets bearing little resemblance to the state or regional benchmarks. This precedent could help set a new standard that will be referenced in performance disputes across the country.”

More information available from here.
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