Ferrari Artwork and Trademark/ Copyright infringement | FerrariChat

Ferrari Artwork and Trademark/ Copyright infringement

Discussion in 'Ferrari Discussion (not model specific)' started by Chris Hamilton, Dec 31, 2024.

This site may earn a commission from merchant affiliate links, including eBay, Amazon, Skimlinks, and others.

  1. Chris Hamilton

    Dec 19, 2019
    3
    Full Name:
    Christian Meyer
    #1 Chris Hamilton, Dec 31, 2024
    Last edited: Dec 31, 2024
    Hello all. Long time lurker but my first post here. Preface by saying I'm asking this question here because I've seen similar topics being discussed and there seems to be some knowledgeable individuals here about this or related subjects.

    I am a long time panel beater, metalwork, paint, restoration guy. I also do some "art" work in the form of metal sculpture and a few other areas. My question is this, I want to make some wall art of some of the various famous vintage Ferraris. 250 variants are my favorite. By wall art I mean recreating the front or rear of a model faithfully using/duplicating original materials and construction and the finished product can be displayed or hung on the wall. Meaning if one was made in aluminum then use the same in my piece. And gas welded like they were originally. My end goal would be to sell them. No volume, just essentially one-off type pieces. More about the passion of the craft for me. Typical piece I described would take me hundreds of hours start to finish.

    I know that Ferrari vigorously defends it's trademarks/copyrights. Is artwork or tribute work like this going to run afoul of their sensibilities? As I understand free use and the Lanham act artwork is protected or allowed but I know that Ferrari is litigious and more aggresive than most other companies. I am just a working guy and do not want any legal issues if I were to do this. I also would never be able to afford nor would Ferrari likely approve a licensing agreement with me.

    I would appreciate any thoughts you folks may have. Thanks.
     
  2. Bullfighter

    Bullfighter Two Time F1 World Champ
    Lifetime Rossa Owner

    Jan 26, 2005
    22,572
    Gates Mills, Ohio
    Full Name:
    Jon
    I would consult an attorney specializing in intellectual property before you invest time or other resources. My non-expert view is that you would be creating an artistic representation of portion of a ~60 year old car, and that the use of the Ferrari name or logo could be construed as infringement. The design itself… not sure.


    Porsche sells a side cutaway 911 body shell that is (expensive) wall art.
     
    Chris Hamilton likes this.
  3. Shark01

    Shark01 F1 Veteran

    Jun 25, 2005
    6,352
    *****Non-legal opinion*****
    I imagine you get sued if you use trademarked items as Jon states, or if they get too recognizable even without the trademarked property. The only thing I've seen that gets away from that issue are the guys making wire frame silhouettes of the shapes of the cars.
     
    Chris Hamilton likes this.
  4. JoeCab

    JoeCab Formula Junior
    Silver Subscribed

    May 27, 2014
    364
    Colorado
    Full Name:
    Joe C
    This is not a legal opinion but rather an observation from years in the industry:

    1) Marque logo usage is policed vigorously
    2) Model name/logo useage is less so, but I still see it sometimes
    3) Likenesses and silhouettes are rarely policed, except in the case of Porsche and the "911 shape"
     
    Chris Hamilton likes this.
  5. Chris Hamilton

    Dec 19, 2019
    3
    Full Name:
    Christian Meyer
    #5 Chris Hamilton, Jan 2, 2025
    Last edited: Jan 2, 2025
    Thank you to all for your answers. I also reached out to Bring A Trailer with some questions and their response indicated I may be able to use their platform as others have selling Ferrari automobilia have done in the past. Two very similar pieces have been sold there actually. I do plan on consulting with an IP Attorney as well if I decide to do one. Currently restoring a 911 for a client and have another 911 full restoration waiting in the Shop for me to get started on it as well. So it may be some time before I can even think about doing what I described.

    Appreciate the responses.
     
  6. technom3

    technom3 F1 World Champ
    Rossa Subscribed

    Mar 29, 2007
    18,007
    Phoenix AZ
    Full Name:
    Justin
    I've been in a similar place. Been sent the nasty grams by attorneys.

    The big thing is if the car is no longer in production... You can get away with alot more. It's not currently affecting any of their current ip. If you were doing fenders of a 250 swb or an egg crate grill sorta thing they can't really say much. You are taking exactly zero business from them.

    The biggest thing is not putting their logo on your art. Leave the space blank for the badge. Let the customer install it.
     
    Chris Hamilton likes this.
  7. 19633500GT

    19633500GT F1 World Champ
    Rossa Subscribed

    Nov 9, 2010
    12,940
    Blueberry
    Full Name:
    Muffin-Tops
    I say go for it, and second using BaT as a great platform to showcase and sell your one-off's, I hope you do well.

    I enjoy seeing this 1000x more than the fake neon signs that are sold daily there. As someone who tries to cultivate originals that were once broken, or lights removed, and bring them back from the dead, I typically cannot stand "fake". In your case, I see it as a faithful eye on what is very much 'art', and like you said, 100's of hours of work.

    Please do a 250LM :)
     
  8. Chris Hamilton

    Dec 19, 2019
    3
    Full Name:
    Christian Meyer
    Thanks for the encouragement. I see what I'm doing or planning to do as a tribute and honoring those men and machines. Certainly not trying to represent it as anything other than that.

    I was fortunate enough to have been mentored by a man who started his career working for Scaglietti as a teen. I owe most of what i know about shaping to him. I have a special place for Scaglietti built cars/bodies from the 50s and 60s.
     

Share This Page