Legal Question

N

Nycollas Quinta

is forbidden to create a replica car nonprofit?
because I saw a article where mercedes destroyed a company that produced replicas of the gullwing.
 
J

Jim Cowden

No lawyer but company's would have the right if you are reproducing and they feel you are watering down the value in their name and product.

The first part of your question I presume is ,Is it forbidden to create for non profit.
If it was for your self and a one off I think it highly unlikely they are coming after someone over one car, but the risk is there in reality.

I have always wondered about all the P4 replicas out there, and Ferrari have not tracked them down like other models that have been copied in the past,maybe it is because 3-4 only exist so everybody knows and its not seen as a threat by Ferrari.

Jim
 
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K

Keith

Moderator
The legal term that covers it in the UK is "Passing Off" or an attempt to gain an advantage by misrepresenting something as your own work or an object who Intellectual Propert Rights belong to someone else (the original manufacturer).

People wonder why the big manufacturers chase after these things but it's worth remembering that if you added up all the assets of Mercedes Benz world-wide they still wouldn't come anywhere near the value of the brand itself.

Also, you would certainly not want a "replica" of possibly dubious build quality carrying your brand. I wouldn't.

Mercedes and Ferrari have whole divisions of lawyers who's full time job is to protect the brand and if you construct a faithful replica and put their brand on it, there's nothing in law that will protect you.

Will they bother? Much of the time, for an individual, no.

Edit: to the OP - the operative word you used was "company" As a commercial entity you would be in deep water.
 
C

Cliff Beer

Nycollas,

It makes no difference if producing a replica for profit, or non-profit. The person/company claiming to have the copyright rights and patent rights to the design won't care if you're a non-profit organization.

The legal issue is really jurisdiction rather than anything else. If a holder of rights to a design doesn't have jurisdiction over you then you can most likely do as you want. But as soon as you may come within their jurisdiction in one way or another then expect trouble. Ferrari's legal nazis have forced seizure of replica ferrari's when the car was within their jurisdiction (Italy and some parts of Europe in their case).

If you expect to sell and market replicas worldwide....into the jurisdiction of potential rights holders....then it would be wise to expect some trouble...

Just my $.02.
 
A

Allan Feldman

Jim C said:
No lawyer but company's would have the right if you are reproducing and they feel you are watering down the value in their name and product.

The first part of your question I presume is ,Is it forbidden to create for non profit.
If it was for your self and a one off I think it highly unlikely they are coming after someone over one car, but the risk is there in reality.

I have always wondered about all the P4 replicas out there, and Ferrari have not tracked them down like other models that have been copied in the past,maybe it is because 3-4 only exist so everybody knows and its not seen as a threat by Ferrari.

Jim
Click to expand...
I think with the P4 replicas and I am not putting them down but they do not have the P4 screen mould available and you can tell there not real P4's the only ones that look 100% are the 350P spyder replicas thy look real. I went to Graypauls in the 1980's and saw David Clarke Ferrari 330P4 he could not modify or it race it. A real P4 (one of the three coupe) would be extremely expensive to insure so public viewing would be prohibitive I wanted him to exhibit it at Donington racetrack and even on static display and for a journey of ten miles from where it was kept I got quoted £1000 for insurance and that was in the 1980's!! I did hear of Ferrari suing and shutting done a replica company making 1980's Tessarossas.
If you are using their design for yourself I personally would seek their advice before you start to clarify the situation. Did not Rolls Royce take action against the owner of the Merlin 24 litre engine car with initial the Rolls Royce radiator called the Beast!
 
J

Jim Rosenthal

Supporter
There was, however, a fellow in California who built very nice replica Gullwings for several year. Anton Ostermeier was his name. They pop up for sale now and again. I don't know if DB had anything to say about it or not.
 
N

Nycollas Quinta

Thank you all for the clarification. jim cownden, that was it. I just put the example of the company, because I think if they hunted a company they would hunt a person who tried to do the'' perfect'' replicates.
looking for more info, I found an article, where a company that makes replicas said that any company can produce copies of vehicles made 20 years ago or more. That's because the term expired this project becomes public domain. But companies must produce all parts (no component can be original) and make it clear that the car is a copy.(is it true?)
as the jurisdiction was not very clear to me, if I try to build a gullwing, or 250 gto replica in america, they would not have jurisdiction, am I correct?
sorry for my rusty english.
here is the article: http://www.abmapro.org.br/page/noticias_clipping_detalhes.asp?id=45
it is in portuguese ; (
 
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J

Jim Rosenthal

Supporter
NO, they have affiliates etc in America. And if they decided to sue you, it would be up to you to prove that they did NOT have jurisdiction in America. Which, even if you prevailed, would cost you a lot.

But both replica GTOs and Gullwings have been built. I have no idea whether the builders were sued or not. Ostermeier had plenty of legal troubles, but I don't think DB was part of them.
 
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