Should Ferrari stop the kits?
Discussion
Chatting to a guy I know in the pub a week or so ago and he mentioned that he used to have a Ferrari but sold it mainly due to the number of people who asked him if it was a kit or a real one.
As we all know there's loads of good body conversions out there and as far as I'm aware Ferrari hasn't taken any action against them so I wonder if they don't see the kits as a threat or maybe legally there's nothing they can do?
I'm pretty sure you can't call a Cobra replica a Cobra for fear of legal action so not sure what the law says.
Anyone any thoughts
As we all know there's loads of good body conversions out there and as far as I'm aware Ferrari hasn't taken any action against them so I wonder if they don't see the kits as a threat or maybe legally there's nothing they can do?
I'm pretty sure you can't call a Cobra replica a Cobra for fear of legal action so not sure what the law says.
Anyone any thoughts
Interestingly one of the cornerstone cases in copyright law is the Panhard Lavasseur case.
Called Passing Off in the courts actions it was a Car being copied and passed off as an original way back at the start of motoring.
Copyright is a peculiar area of the law. Slight changes in style such as different windows on a house design with identical orientation, layout, room sizes and materials, and identical roof design and appearance apart from the windows which were slightly smaller, was enough to achieve victory for the copier in court.
Clearly deliberate misrepresentation in a Kit Car is wrong. There are kits about frequently advertised as being something they are not.
I have seen two supposed Robin Hoods which were registered as an Ford Escort in one case, based on Vauxhall parts and an Alfa in the other based on Triumph parts and a tube chassis.
Clearly neither were either.
But those deliberate fraud cases aside I think the reality of these cases is pretty harmless in the main. I have yet to see a supposed Ferrari that any enthusiast could not spot pretty easily. Never`seen one with a Ferrari engine. That must give a clue.
Also, generally, the V5 description does not confirm the car as a Ferrari.
Has anyone ever seen a Ferrari copy with a genuine V5 stating Ferrari?
If they have then I think Ferrari would be down on that car.
Personally I prefer Kit Cars that stand in their own right.
Called Passing Off in the courts actions it was a Car being copied and passed off as an original way back at the start of motoring.
Copyright is a peculiar area of the law. Slight changes in style such as different windows on a house design with identical orientation, layout, room sizes and materials, and identical roof design and appearance apart from the windows which were slightly smaller, was enough to achieve victory for the copier in court.
Clearly deliberate misrepresentation in a Kit Car is wrong. There are kits about frequently advertised as being something they are not.
I have seen two supposed Robin Hoods which were registered as an Ford Escort in one case, based on Vauxhall parts and an Alfa in the other based on Triumph parts and a tube chassis.
Clearly neither were either.
But those deliberate fraud cases aside I think the reality of these cases is pretty harmless in the main. I have yet to see a supposed Ferrari that any enthusiast could not spot pretty easily. Never`seen one with a Ferrari engine. That must give a clue.
Also, generally, the V5 description does not confirm the car as a Ferrari.
Has anyone ever seen a Ferrari copy with a genuine V5 stating Ferrari?
If they have then I think Ferrari would be down on that car.
Personally I prefer Kit Cars that stand in their own right.
this was posted in the NW spotted section yesterday:
I would say replica is a bit stong but it is certainly a look-a-like and can be clearly seen it is not a real 360 spider.
It seems a shame to rip off the ferrari design. A lot of work has gone in to producing the body molds and making sure the mounting is right, it is no mean feat producing a body, especially modifying a design far enough away from the original not to get a look from ferrari but making it look close enough to try to fool the untrained. If the builder had got someone to design an all new body, instead of ripping one off, then the car truly would be special, and not just a bad copy.
I would say replica is a bit stong but it is certainly a look-a-like and can be clearly seen it is not a real 360 spider.
It seems a shame to rip off the ferrari design. A lot of work has gone in to producing the body molds and making sure the mounting is right, it is no mean feat producing a body, especially modifying a design far enough away from the original not to get a look from ferrari but making it look close enough to try to fool the untrained. If the builder had got someone to design an all new body, instead of ripping one off, then the car truly would be special, and not just a bad copy.
Remember the old Dax Covin 911 "replicas"?
Porsche didn't seem to mind too much for a while, but the story I heard was that the body was an exact copy and the quality of the panels was pretty good, so 911 owners were going to Dax for replacement body panels, rather than going to Porsche! Once this came to Porsche's attention, they stopped Dax pretty quickly.
I suppose as long as Ferrari don't feel like the kits are a threat to their business or reputation, (and let's be honest, they aren't really a threat, are they) they won't take any action.
Whether you like them or not, the kits will be with us for a while.
Porsche didn't seem to mind too much for a while, but the story I heard was that the body was an exact copy and the quality of the panels was pretty good, so 911 owners were going to Dax for replacement body panels, rather than going to Porsche! Once this came to Porsche's attention, they stopped Dax pretty quickly.
I suppose as long as Ferrari don't feel like the kits are a threat to their business or reputation, (and let's be honest, they aren't really a threat, are they) they won't take any action.
Whether you like them or not, the kits will be with us for a while.
Frankthered said:
Remember the old Dax Covin 911 "replicas"?
Porsche didn't seem to mind too much for a while, but the story I heard was that the body was an exact copy and the quality of the panels was pretty good, so 911 owners were going to Dax for replacement body panels, rather than going to Porsche! Once this came to Porsche's attention, they stopped Dax pretty quickly.
I suppose as long as Ferrari don't feel like the kits are a threat to their business or reputation, (and let's be honest, they aren't really a threat, are they) they won't take any action.
Whether you like them or not, the kits will be with us for a while.
I would be interested in the detail of the Dax stoppage. Porsche didn't seem to mind too much for a while, but the story I heard was that the body was an exact copy and the quality of the panels was pretty good, so 911 owners were going to Dax for replacement body panels, rather than going to Porsche! Once this came to Porsche's attention, they stopped Dax pretty quickly.
I suppose as long as Ferrari don't feel like the kits are a threat to their business or reputation, (and let's be honest, they aren't really a threat, are they) they won't take any action.
Whether you like them or not, the kits will be with us for a while.
I rather liked Adrian and the products.
Steffan said:
Frankthered said:
Remember the old Dax Covin 911 "replicas"?
Porsche didn't seem to mind too much for a while, but the story I heard was that the body was an exact copy and the quality of the panels was pretty good, so 911 owners were going to Dax for replacement body panels, rather than going to Porsche! Once this came to Porsche's attention, they stopped Dax pretty quickly.
I suppose as long as Ferrari don't feel like the kits are a threat to their business or reputation, (and let's be honest, they aren't really a threat, are they) they won't take any action.
Whether you like them or not, the kits will be with us for a while.
I would be interested in the detail of the Dax stoppage. Porsche didn't seem to mind too much for a while, but the story I heard was that the body was an exact copy and the quality of the panels was pretty good, so 911 owners were going to Dax for replacement body panels, rather than going to Porsche! Once this came to Porsche's attention, they stopped Dax pretty quickly.
I suppose as long as Ferrari don't feel like the kits are a threat to their business or reputation, (and let's be honest, they aren't really a threat, are they) they won't take any action.
Whether you like them or not, the kits will be with us for a while.
I rather liked Adrian and the products.
I saw a row of Covins at Stoneleigh a few years back, most were ahem, ropey to say the least. But one stood out, a 964RS replica. Rollcage and everything. I congratulated the owner say that I was a bit of a Porsche buff and struggled to tell it was a Covin and not a real one. He played along, but as I walked off he shouted and confessed it WAS actually a real one!
Furyblade_Lee said:
I saw a row of Covins at Stoneleigh a few years back, most were ahem, ropey to say the least. But one stood out, a 964RS replica. Rollcage and everything. I congratulated the owner say that I was a bit of a Porsche buff and struggled to tell it was a Covin and not a real one. He played along, but as I walked off he shouted and confessed it WAS actually a real one!
In fairness, if it was Stoneleigh you were probably drunk...fesuvious said:
I bought an F355 last week.
No end of people saying 'nice kit' or indeed 'presume its an MR2'
My answer to them 'yes, it is, looks real doesn't it'
Why should I care? Their opinion means nothing to me. The kits do not harm the values of the real cars in any way. The kits cannot detract from the brilliance of the cars.
Immitation is the most sincere form of flattery. I'm quite proud to drive a car held in such high esteem that people want to copy it.
Granted there is the opposing view. However, I drive the car for me, I own it for me. Not for what anyone else thinks. If they want to believe its a kit - who gives a s
t?
Well said that man!!No end of people saying 'nice kit' or indeed 'presume its an MR2'
My answer to them 'yes, it is, looks real doesn't it'
Why should I care? Their opinion means nothing to me. The kits do not harm the values of the real cars in any way. The kits cannot detract from the brilliance of the cars.
Immitation is the most sincere form of flattery. I'm quite proud to drive a car held in such high esteem that people want to copy it.
Granted there is the opposing view. However, I drive the car for me, I own it for me. Not for what anyone else thinks. If they want to believe its a kit - who gives a s
t?As nice a looking car as the MR355 is, no one in their right mind could mistake it for a real F355. Too tall in the body, too short in the wheelbase, screen way to upright and wrong roofline! That said I see one replica company has noticed that the MR2 Mk3 has exactly the same wheelbase as F355 and similar rake of windscreen - an F355 spider is being promised shortly.
How long before there's a Ferrari Foura bodykit for the Z3 coupe...(although it's actually uglier than the beemer!)
How long before there's a Ferrari Foura bodykit for the Z3 coupe...(although it's actually uglier than the beemer!)
Ferg said:
I've often seen 'replicas' with Ferrari or Lamborghini on the tax disc.... how is this done/legal?
It cannot be done legally. Presumably the owners of these kits have found a way round the system.
Bear in mind the DVLA have had to change the whole appearance of the V5 document because a huge number of blank V5 documents were stolen. Never been found. Hence the Red V5's now issued.
It cannot be legal. These are copyrighted registered Trade Marks. Could be cloning: could be false V'5s. Could be a fiddled reregistration. But illegal whatever the device used
Nothing less than fraud. Sadly not a problem to many in the UK today.
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