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Cliff Beer · 03-12-08, 02:42 AM

Lamborghini probably has a pretty solid case against the replica constructor here, however, a permanent injunction is highly unlikely (disfavored in the law). More likely it's a typical damages calculation situation, however, I'm puzzled as to how Lamborghini will show damages because, as is said above, it's unlikely that a buyer/builder of a replica would have gone and bought a real one in the absence of a replica. So, net, where are the damages?

I suppose if I was Lambos attorey I would instead just try to show some incremental damages related to dilution of the brand health but that's still going to be a tough sell. The replica builder here isn't in such a bad position in my view.

03-12-08, 02:42 AM	#5 (permalink)
Cliff Beer Cliffbeer2 3 Tenths Join Date: Jun 2007 Location: Sand Point, WA GT40: CAV Posts: 332 Rep Power: 5	Re: Thank God Audi don't make GT40's Lamborghini probably has a pretty solid case against the replica constructor here, however, a permanent injunction is highly unlikely (disfavored in the law). More likely it's a typical damages calculation situation, however, I'm puzzled as to how Lamborghini will show damages because, as is said above, it's unlikely that a buyer/builder of a replica would have gone and bought a real one in the absence of a replica. So, net, where are the damages? I suppose if I was Lambos attorey I would instead just try to show some incremental damages related to dilution of the brand health but that's still going to be a tough sell. The replica builder here isn't in such a bad position in my view.