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alberchico
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Does Ferrari Go After Kit Car Owners?

Thu Nov 01, 2007 10:33 pm

http://www.youtube.com/watch?v=mn_Tygjz0JI

I didn't know that Ferrari went after kit car owners who copied their design. Or is there some rule that if the car is only 90% accurate then it is not considered a copy. Any car enthusiasta know anything about this?

Also if you rip out the original body of your original car and install some fiberglass replica body, does that affect safety in case of a crash???
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ltbewr
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RE: Does Ferrari Go After Kit Car Owners?

Thu Nov 01, 2007 11:07 pm

First of all, there can be clear violations of copyright, trademark and design patent laws with kit cars if they are not licenced by their original rights holders. We have seen where companies in China have made almost carbon copies of Japanese made and designed cars, violating such laws.
The second problem is that many states will not recognize kit cars for legal street use or they have been subject to pollution and safety testing to Federal standards or be placed on chassis or the equivalent of vehicles manufactured before the creation of safety or pollution laws.
 
jutes85
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RE: Does Ferrari Go After Kit Car Owners?

Thu Nov 01, 2007 11:09 pm

I pity the fool who builds Ferrari kit cars.
nothing
 
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alberchico
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RE: Does Ferrari Go After Kit Car Owners?

Thu Nov 01, 2007 11:11 pm

Quoting Jutes85 (Reply 2):
I pity the fool who builds Ferrari kit cars

why not. You get a beauty for only a fraction of the price.......
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aerorobnz
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RE: Does Ferrari Go After Kit Car Owners?

Fri Nov 02, 2007 12:52 pm

Quoting Alberchico (Reply 3):
You get a beauty for only a fraction of the price.......

Nothing beats the real thing.. a donor MR2 is no 355....cheapskates can't afford the real thing.
Flown to 147 Airports in 62 Countries on 83 Operators and counting. Wanderlust is like Syphilis, once you have the itch it's too late for treatment.
 
LH526
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RE: Does Ferrari Go After Kit Car Owners?

Fri Nov 02, 2007 1:32 pm

Quoting Alberchico (Reply 3):
You get a beauty for only a fraction of the price.......

It's like buying a fake watch or shirt ... you might get the visual appeal, but the quality is hideous and crappy, to say the least!
Also, it's a matter of personal taste.

Mario
LH526
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Alessandro
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RE: Does Ferrari Go After Kit Car Owners?

Sat Nov 03, 2007 12:28 am

Well, you shouldn´t put a Ferrari label on a Kit-car.
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bok269
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RE: Does Ferrari Go After Kit Car Owners?

Sat Nov 03, 2007 2:22 am

Quoting Alberchico (Reply 3):
why not. You get a beauty for only a fraction of the price.......

Not quite. Kit cars are often disproportionate. Not to mention it is quite evident you are driving a toyota with new body panels. Not to mention you look like a poser driving around in a replica.

Cobra replicas are an exception to the rule.
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fumanchewd
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RE: Does Ferrari Go After Kit Car Owners?

Sat Nov 03, 2007 2:26 am

Quoting Alessandro (Reply 6):
Well, you shouldn´t put a Ferrari label on a Kit-car.

Why not? They put it on a bunch of other crap.  Wink

http://images.dailytech.com/nimage/1721_large_Ferrari%201000-M08.jpg





It seems to be pretty whored out as it is, but I do agree that they should be able to protect their concepts to a certain extent. Copying an entire car seems to be stealing the design, but if someone wanted to take a style here and there off of a car, I think it is fine. It's pretty common practice among car manufacturers. Lets not get into the new Chinese designs, I think that is a little too obvious.

Some of them are pretty pathetic.

http://www.priceofhistoys.com/wp-content/uploads/2006/06/dubai-ferrari-f40-1.jpg
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L-188
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RE: Does Ferrari Go After Kit Car Owners?

Sat Nov 03, 2007 7:57 pm

I think this guy is overstating the issue a bit for dramatic effect. At least in the US he would be, the A-team theme kind of gives that away.
Because there are several companies operating legitmately that have been offering kit car systems for years and continue to do so.

Also in theroy if you took this copyright claim to the full limit, nobody but the factory could ever make a repair part for any car.

Of course Europeans especially Italian seem to have taken copyright law to absurd new limits, such as trying to copyright the names of cheeses.
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MD11Engineer
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RE: Does Ferrari Go After Kit Car Owners?

Sat Nov 03, 2007 8:24 pm

Quoting L-188 (Reply 9):
Also in theroy if you took this copyright claim to the full limit, nobody but the factory could ever make a repair part for any car.

Actually I read an article about this topic a while ago. Apparently anybody can manufacture spares for any car as long as the part in not covered by a patent or is connected to the appearance of a car. Anything which involves the appearance (and this also includes the interior) falls under a certain artistic copyright, while purely functional parts do not (again as long as they are not covered by a patent).
This is why e.g. bumpers, body panels, interior plastic components etc. are so expensive, because only the original car manufacturer is allowed to sell them.

Jan
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L-188
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RE: Does Ferrari Go After Kit Car Owners?

Sat Nov 03, 2007 9:37 pm

Quoting MD11Engineer (Reply 10):
Apparently anybody can manufacture spares for any car as long as the part in not covered by a patent or is connected to the appearance of a car. Anything which involves the appearance (and this also includes the interior) falls under a certain artistic copyright, while purely functional parts do not (again as long as they are not covered by a patent).
This is why e.g. bumpers, body panels, interior plastic components etc. are so expensive, because only the original car manufacturer is allowed to sell them.

The appearance part is what gets me, mainly because there are a lot of manufactureres of replacement body parts other then the OEM sources.
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Pyrex
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RE: Does Ferrari Go After Kit Car Owners?

Sat Nov 03, 2007 9:50 pm

Quoting L-188 (Reply 9):
Of course Europeans especially Italian seem to have taken copyright law to absurd new limits, such as trying to copyright the names of cheeses.

What is so ridiculous about that? Names of agricultural products have been copyrighted for a long time (despite the constant violations from a number of countries, US included) - even in the US I cannot sell Maine lobster if it doesn't actually come from Maine.
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KevinL1011
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RE: Does Ferrari Go After Kit Car Owners?

Sun Nov 04, 2007 9:25 am

This is not new. Back in the late '80's there was kit Testarossa based on the Pontiac Fiero. Ferrari put them out of business quickly.



Quoting LTBEWR (Reply 1):
First of all, there can be clear violations of copyright, trademark and design patent laws with kit cars if they are not licenced by their original rights holders

If it can be proven that someone profits from the unauthorized use of anothers "image or likeness" , they're screwed.

Quoting LTBEWR (Reply 1):
The second problem is that many states will not recognize kit cars for legal street use or they have been subject to pollution and safety testing to Federal standards or be placed on chassis or the equivalent of vehicles manufactured before the creation of safety or pollution laws.

The big hurdle is obtaining insurance coverage.
Most states have rules for licensing of "Special Construction" vehicles. They are subject to inspection and must comply with the emission standards of either the year / manufacture of the donor chassis or engine, whichever is newer.
In this case, I don't consider it a "Kit Car". It's more like a modification. It's just bolt on panels.

You know Harley Davidson took Yamaha to court. They contested that Yamaha's V-twin copied the Harley sound. I don't think they were successful but HD later pursued obtaining a trademark on their sound.
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bok269
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RE: Does Ferrari Go After Kit Car Owners?

Mon Nov 05, 2007 12:15 am

Quoting Fumanchewd (Reply 8):
Why not? They put it on a bunch of other crap.

At least they are licensed. I agree that Ferrari and Lambo over do it a tad though. And charge ridiculous amounts for these products.
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CaptOveur
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RE: Does Ferrari Go After Kit Car Owners?

Mon Nov 05, 2007 6:28 am

Quoting Alberchico (Reply 3):
why not. You get a beauty for only a fraction of the price.......

It may look like a Ferrari, but it won't drive like a Ferrari. I don't support buying cars over the emblem on the nose- which is why I am one in a small minority who don't care for German cars.
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