Ferrari lookalike kits
Discussion
I've read in various forums over the years how Ferrari's lawyers come down hard of kit manufacturers.
Is it based on use of the name, copying the shape of the F-car or what?
I imagine it's patent related which I believe lasts for 25 years. Can a manufacturer extend a patent if a model has ceased production or if the time has run out?
Phil
Is it based on use of the name, copying the shape of the F-car or what?
I imagine it's patent related which I believe lasts for 25 years. Can a manufacturer extend a patent if a model has ceased production or if the time has run out?
Phil
Ferrari just lost rights to the testa rossa name in Germany, but I expect if you replicated the car for sale they would still sue.
Copies in Italy are crushed if seized.
Kit manufacturers elsewhere are sued if they breach the patent on the body shape or try and pass off a car by adding ferrari badges.
Lamborghini were less bothered by those copying the Countach and the son of the founder even invited the maker of one UK replica over to Italy after he bid on some body part work for the factory.
He then showed a photo of his dad next to the replica at a show somewhere grinning with his thumbs up!
I doubt VW take this as lightly nowadays.
So I expect the legal issue is a mix of using the name, the body shape and trying to benefit off the back of both.
Copies in Italy are crushed if seized.
Kit manufacturers elsewhere are sued if they breach the patent on the body shape or try and pass off a car by adding ferrari badges.
Lamborghini were less bothered by those copying the Countach and the son of the founder even invited the maker of one UK replica over to Italy after he bid on some body part work for the factory.
He then showed a photo of his dad next to the replica at a show somewhere grinning with his thumbs up!
I doubt VW take this as lightly nowadays.
So I expect the legal issue is a mix of using the name, the body shape and trying to benefit off the back of both.
In terms of classic reps - recent action (Just over a year ago) was prompted by use of trade dress e.g. badging. They shut down the manufacture of that kit (250 California).
Plenty of classic and recent replicas still being produced out there without issue.
There was a story of a 355 rep on Italy being crushed.
Plenty of classic and recent replicas still being produced out there without issue.
There was a story of a 355 rep on Italy being crushed.
Edited by smash on Tuesday 7th May 08:09
Thanks for the feedback.
I found lots of stuff out there regarding the Testarossa name. Here's one;
https://www2.deloitte.com/dl/en/pages/legal/articl...
The above user of the name was into bicycles and not kit cars so was probably considered less of a threat to Ferrari in the eyes of the judges.
I can imagine that nothing will stop a determined factory chasing a kit car manufacturer however all other things aside can you really chase someone through the courts for replicating a 'shape' once a patent has run it's 25 year course?
Phil
I found lots of stuff out there regarding the Testarossa name. Here's one;
https://www2.deloitte.com/dl/en/pages/legal/articl...
The above user of the name was into bicycles and not kit cars so was probably considered less of a threat to Ferrari in the eyes of the judges.
I can imagine that nothing will stop a determined factory chasing a kit car manufacturer however all other things aside can you really chase someone through the courts for replicating a 'shape' once a patent has run it's 25 year course?
Phil
some great ferrari 246 kits/cars out there, some really good.
also one build on a lotus europa...
those doesn't look bad as well, maybe such Toyota/Lotus 3.5 V6 also fits? 350<>480hp ;-)
http://www.jhclassics.com/306GT/
also one build on a lotus europa...
those doesn't look bad as well, maybe such Toyota/Lotus 3.5 V6 also fits? 350<>480hp ;-)
http://www.jhclassics.com/306GT/
Hi,
The shape of a car isn’t actually covered by patents, it’s covered by copyright legislation and I don’t believe that has a time limit.
Theoretically that means you could be pursued if you have something that looks very similar to someone else’s design, even if it’s an old classic shape. I guess adding replica badges would add more fuel to the fire.
Keith.
The shape of a car isn’t actually covered by patents, it’s covered by copyright legislation and I don’t believe that has a time limit.
Theoretically that means you could be pursued if you have something that looks very similar to someone else’s design, even if it’s an old classic shape. I guess adding replica badges would add more fuel to the fire.
Keith.
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