Repro Testa Rossas body and chassis

I remember a company in Northern Calif based at Sears Point race track that made them. I think the company was called "red head". They had ads in old Cavallino magazines. I think Ferrari shut them down. I will look it up and post what I find out.

 

I looked through the first 30 Cavallinos but could not find the info on the repros. I now think it was from an early Forza magazine. When I think of it, why would a great magazine like Cavallino but something about repros in their magazine.I did however see an ad for a 250SWB for 98K. It must be Forza. I don't have those back issues any more. The company that made the repro TR's must have been short lived.

 

Ferrari currently has design patents on new models - the overall shape of the car - but they expire after I think 14 years - so how would an old design be protected (IN THE US!) as long as you didn't call it any trademarked name?

 

keep inmind ferrari still markets the likeness of older cars for licensing purposes (hotwheels, models, posters, etc). ferrari keeps their trade marks active and up to date.

ferrari did a poor job of this, which is why it is not uncommon to see "kit cars" of these vehicles.

as for the consturction of these types of cars, it is very difficult to find any information. i have to believe that these recreations and the people who build them would be subject to legal action if they were publically advertising themselves

 

Mr. Speer -
I recall you own a beautiful "recreation" of a vintage Ferrari (please forgive me if I have confused you with another member and you are insulted by the idea). Are you aware of who built your car? I seem to remember it was built on a Dino chassis. Have you driven an authentic vintage TR before, and if so, how does the experience compare?


Peter

 

yes, that is me. it is built on a scratch built chassis using dino running gear. it was built in italy by "old-timers". there are numerous threads that you can find.

i think the term "shadow people" maybe a bit of a misnomer. the shop doors are only open to a select, well known few. the reasons for that extend far beyond the reach of just ferrari.

 

Trademarks and design patents are different animals - any intellectual property lawyers want to give this one a stab?

 

would you need to not use the word ferrari ?
would a court in any decent country (bar italy as theyre biased) seriously stop a company from producing a recreation of a car some 50 years out of production ?

yeah the company couldnt put a ferrari badge on it and couldnt likely officially call it a testarossa (an owner could do both though) but avoiding the whole F word in any advertising - i dont think thats necessary.

you could imagine the courtroom

Ferrari Lawyer : theyre making a copy of one of our cars
Judge : thats a serious accusation, what model is it
Ferrari Lawyer: a 1957 250 tr
Judge : riiiiiiiiiight, 1957 you say
Ferrari lawyer : and they use the word ferrari in the advert
Judge : another serious accusation, where and what does it say
Ferrari Lawyer : well thats not really important
Judge : no please do tell me
Ferrari Lawyer : well it says "we make an accurate recreation of the iconic 1957 ferrari testarossa body and chassis" and theres a picture of one of theuir copies and a real one
Judge : recreation huh. hmmmmmmmmm, so they dont say buy a ferrari from us instead of the real factory ?
Ferrari Lawyer : well no i guess not
Judge : and your sure they dont actually market it as a genuine real ferrari ?
Ferrari Lawyer : well no i guess not
Judge : and they use a picture of a car that you havent sold for 50 years
Ferrari Lawyer : i suppose
Judge : so its a kit car type thing ?
Ferrari Lawyer : well i guess so
Judge : so to summarise, your here because someone is making a car that looks like one you made 50 years ago and thats normally out of the reach of all but billionaires - but theyre telling everyone its a copy, and it hasnt got ferrari badges on it from the factory ?
Ferrari Lawyer : you could look at it that way
Judge : i do, stop wasting my time - case dismissed.

 

design patents refer to the design/engineering, correct? trademarks refer to a business name/image if i am not mistaken.

regardless of the subtlies of the language and the differences between countries, ferrari still agreesively attcks anyone infringing on their abilities to protect their heritage and ability to profit from it.

 

And so does Carroll Shelby. Successfully.

 

I actually have been working in the patent department of a law firm. I have limited experience, but I doubt any car company would patent the shape of a car. It would seem to be very difficult to defend that patent in court. Even if they could, there is a 14 year lifespan of design patents in the United States, and they would have had to applied for entry into the US.
If they did this, it should be searchable with the USPTO, but I don't have the desire to (considering I do this all day ). Regardless, it shouldn't matter.

A much more interesting (and important) issue is the status of these replicas in Italy. We know they are strictly forbidden there, and I think that is why the operations try to stay under the radar. Mr. Speer's car came out of Italy, and if the whereabouts of the shop were known, the artists would certainly be in trouble.

Peter

 

I suspect that your are referring to copyrights or something similar.

Regards,

Art S.

 

No, that's a utility patent

 

Believe it - since you search all day, it will take you 2 minutes to pull the design patents of the 430 enzo, 360 599, 612, etc.

They are drawings of the cars from every angle, and the design patent covers the "look" of the car.

No problem defending that patent in court - it would be a layup.

By the way, I have copies of the TR "Cheesegrater" side strake design patent. Ferrari thought they were such a distinctive look that they patented the design. It's expired now, so you too can make a new car with cheesegraters.

 

I think that's because the replica companies were using the Cobra name and maybe his name, too.

 

If you're curious about current Ferrari design patents, got to www.uspto.gov and search for "ferrari and car"

lots of pretty pictures

 

this is a more direct link to the search site

http://www.uspto.gov/patft/index.html

 

actually www.google.com/patents might be easier as I was having problems seeing the images on the uspto site

Here's the design patent for the Enzo for example

http://www.google.com/patents?id=yKMOAAAAEBAJ&printsec=abstract&zoom=4&dq=ferrari+and+car#PPP1,M1

 

Ferrari sued the McBurney Daytona Spyder/Corvette makers (Miami Vice car) and won..Also the guy in France making replica GTOs some years ago and got a cease and desist ruling. I suspect the replica makers are small and under the radar. I know of two, one in South Florida and one in Modena (!) that have gone undetected or ignored...both are basically individuals, no adverts, no sign on the building etc. Both build really nice cars.

Similar subject, HD tried to patent (copyright?) the sound of their motors and lost, but have not sued the Big 4 Japanese companies that are in essence making fake Harleys.