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Discussion in 'Recreations & Non-Period Rebodies' started by WILLIAM H, Mar 18, 2004.
How do people feel about Tribute Automotive's 250 SWB-esque body kit on the BMW Z3 chassis? See: KALIFORNIA - Nubodi and KOUPE - Nubodi
They'll be getting a cease & desist letter from Ferrari . . . . can't use the horse or the name.
Their Aston Vantage Volante is indistinguishable from the original
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Yes, that thing is pretty vile. The convertible top looks like something from a dune buggy.
Jaguar will build 9 XKSS continuation cars at $1.4m each
There are plenty of other kit car manufacturers blatantly ripping off Ferrari's latest models such as the California and the 458 (it wont be long before a 488 will be made no doubt!), and in the recent past 355, 360 and 430 replicas were being churned out with Ferrari badges all over them, and Ferrari have never issued a cease & desist letter to those companies, so why are they going to issue one for a company making a far from exact copy of one of their ancient models?
Why are you asking me? It is well known that Ferrari SpA has law firms on retainer that issue such letters and have been for many years. Why are you asking me why these firms appear to be inconsistent as to who they target?
Its the prancing horse trademark and the company font that Ferrari protect, and its use on vehicles being sold commercially, not so much the car it is attached to.
If you buy a badge from Ferrari you can stick it on whatever you like, car, fridge, your forehead but when someone sells a non Ferrari product complete with that badge on it thats when Ferrari get annoyed.
The kit car builders typically sell the cars unbadged and let the new owner do that. As long as Ferrari don't hold a copyright on the car that has been replicated then there is not a lot they can do, well except if you are in Italy.
Similar with Singer and Porsche, Singer make you fully aware they are not a manufacturer, they are a modifier of customers cars, they do not sell the actual car to the buyer, just the work carried out on it, anything with a Porsche badge on it that they fit is always original Porsche.
Here's the previous post you made:
Now you appear to be stating as a matter of fact that they will be receiving a cease & desist letter from Ferrari, for putting Ferrari badges on a car that at best, can be described as a "tribute" car, as it is not an accurate replica in any way, shape or form.
I'm merely asking why you think Ferrari would be more bothered about a new kit-car manufacturer that is making a car that bears a very vague resemblance to a model that Ferrari haven't made for 50 years+, rather than a kit-car company that have been ripping off Ferrari's IP for years, and are currently making replicas of Ferrari's latest models.
If Ferrari can't be arsed to go after the company making replicas of their latest cars, I can't see them bothering with a company making "tribute" cars based on 50 year old designs.
To my knowledge, and my knowledge is mostly anecdotal, no infringement of the horse or the Ferrari name is immune to a c&d letter from Ferrari's lawyers. Whether it was demanding that Gerald Roush remove the horse from the masthead of the Ferrari Market Letter many years ago, or the company that used to make the "Ferris Beuller" Cal Spyders, or companies that tried to stick the horse on clothing - all have been recipients of the letter.
I have no idea what motivates the law firms issuing c&d letters, or what their criteria is for launching these letters - whether they go after the low-hanging fruit first (i.e. offenders in a country w/ a court system that affords easy injunctive relief), or most egregious offenders, or the "better" replica makers vs. the horrendous ones where no one is presumably fooled.
I think they have to do it show a pattern of enforcing their rights even if no damage is occuring.
Its purely the scare factor, for the tiny cost of regular lawyers letters being sent out the hope is that this frightens the hell out of the recipient, regardless of whether it has any legal basis or not.
The man with the biggest cheque book always wins when potential litigation looms.
The letters clearly have the right effect as well, this discussion is a point in fact, Ferrari are not even involved in it but others are putting the frighteners out there on people just by regurgitating the stories.
Can anyone cite an actual court case? I doubt it.
It's not purely a scare tactic...a company can work to protect its IP, copyrights, and trademarks...or not...
If a company "allows" its trademarks and copyrights to become genericized, they lose the exclusive right to them in some countries (US being one...UK being another).
Aspirin was once a trademarked name...it no longer is (in the US, at least). Other examples: thermos, trampoline, laundromat, flip phone.
Xerox and Kleenex are virtually genericized, but their trademark holders (Xerox and Kimberly-Clark respectively) engage in pointed campaigns that actively protect and enforce the fact that they are specific companies/products...not a generic term.
Older Ferrari's are not trademarked, Ferrari cannot stop people making copies of their old cars (yes maybe the current ones but none of the old back catalogue), all they can do is prevent the builders using their logos on such copies at the point of sale if it is being done commercially, but they can still however scare the hell out of the builders by sending a nasty legal looking letter anyway, that's often enough to have the desired effect.
As I said previously buy your Ferrari badges from an officially licensed supplier and you can then stick them on whatever you like.
It may fool one or two people
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...so does this
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I grew up to know that aspirin is simply a type of medication, sold under different names, but Bayer being the most know...although nobody ever just said, "Gimme a Bayer" like they say, "Gimme a Coke".
For that matter, ALL carbonated beverages are collectively known a "Coke". No, they are not "Pop". Pop is the guy married to your Mom.
Personally, I always though it was every company's wet dream for a product to be know by their company name, like "Hey go xerox this for me", or "Hand me a klenneex", or "What kind of coke do you want?"
Interestingly, it seems that just the opposite is true. When a specific brand name becomes synonymous with the product, any brand becomes the equal and thus any market advantage is lost.
This Jaguar D-Type Lynx Recreation Is My Personal Dream Car - Petrolicious
275 GTB page HIETBRINK
Given how strict the DMV rules are in California, how is such a car road legal there?
It appears to be using a UK registered donor, hence the F plate but in order to do so the original chassis of the donor has to be used, where as this car is built around a new bespoke Lynx chassis so should have either a current UK new registration plate or what is known as a Q plate which allows the road registration of kit cars.
Genuine question not a disparaging one, as its a stunning car, I just want to understand the legalities of road registering such a car in California, and how it cleared US customs?
I am interested in getting a recreation 250 SWB or a Testa Rossa.
Who are the best companies to deal with.
I know that GTO engineering is one of them.
Who else is there of comparable to GT0.
Is there one in the US.
Thanks in advance
I read with a lot of interest the different opinions on recreations and non period rebodies in
And I respect all of them, after all life would be very boring if we all had the same opinion.
As far as I am concerned there is an overwhelming reason for me to buy a car like this.
I have had and still have all sort of different sport cars, the bulk of them were and are still
I have been blessed to be able to enjoy these cars during my life, and my passion for them
is as strong as anybody else.
I cannot say that I have a preference for one single car, and when people ask me the
typical question, i.e.which is your preferred car, I would answer all.
Recently, La Ferrari is my answer. A masterpiece.
But I always liked maybe more than others the cars of the Fifties and Sixties.
Maybe because I was a teenager then a young adult but mostly because behind most
of the sports cars of that period there was always great real life stories.
Ferrari vs Ford, Ferrari winning the Mille Miglia, the Tour de France, etc.
Also because the cars were different, most of them, and particularly Ferrari, beautifully
designed, wilth sounds, and smells that are not available any more.
Just the mechanical sound of 6 Weber Carburators coupled with the exhaust sound of
a V12, made all the difference.
All this to say, that when a I buy a recreation, I know that I am not buying an ,,identical
car as the original, and I know it will never be.
But some recreations are close and good enough to enjoy the looks, the sounds and performance
of the cars of that period. There is no other way for me to get that close, particularly
with nowadays prices.
Today, in my collection there are two recreations, a Superformance Cobra Daytona Coupe
and a Superformance Ford GT 40 MkII.
Every time I drive one of them, I feel that I am back in that period.
I enjoy every minute,whether on the street, road and track.
Not one ounce of moder comfort, no nannys, no electronics, but
a driving experience that will not take years of your life, but it will take years of your age
and put a smile on your face long after you parked the car in your garage.
My next try, is a Ferrari 250 SWB, if I can find a reputable builder