Proton own Lotus Cars. The key business Chapman set up (Very near where I live actually
). They own the name Lotus. Now Fernandes comes in saying he owns the name Team Lotus. So if I set up a team called Megaforce Lotus and base myself in Hornsey, am I real Lotus? Neither have a right and especially not Fernandes.
Chapman set up the racing team first (what is now "Team Lotus").
He set up the car company afterwards (what is now "Group Lotus"), the profits of which were to fund the racing team.
Chapman himself split the two well before he died, and the two have been separate ever since. When the car companies was owned by various manufacturers (Toyota, GM, Bugatti, Proton) none of them owned the racing team. When the racing team went bust in '94 it did not affect the car company, and they and their owners were not liable for any of the racing team's debts.
To say that Proton own Lotus is not the whole story - they own one part of Lotus, David Hunt (and now Tony Fernandes) own the other part. The original part.
Team Lotus was the first. It is the original. That it has been dormant for 16 years us irrelevant, it was still a registered company in it's own right Fernandes has at least as much right as Bahar, if not more so.