Author Topic: Use of the Ferrari trademark  (Read 4370 times)

Wizard

  • Sr. Member
  • ****
  • Posts: 428
  • Karma: +2/-1
    • View Profile
Use of the Ferrari trademark
« on: March 02, 2014, 09:56:20 PM »

Has anyone had any difficulty with the law in respect of displaying a "Ferrari" badge on these cars in U.K?

Section 92 (1) of the Trademark Act 1994

A person commits an offence who with a view to gain for himself or another... And without the consent of the proprietor -

(a) applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trade mark.

This seems like a straight forward offence, and it would be an absolute nightmare if anyone's vehicle was to be seized under this "Act".

There was a mention a few months ago, about the possibility of a DNA badge being designed, and now that rudycob1 has done fantastic job for the flags, maybe this can be incorporated into a badge for the vehicles.

Sorry rudycob1, I'm not trying to create any more work for you, just thought it would be a good idea as your design is excellent.

greig1983

  • Guest
Re: Use of the Ferrari trademark
« Reply #1 on: March 02, 2014, 10:02:57 PM »
There was a Replica that got seized in Italy because it showed the genuine ferrari logo.... I took my car to DVLA and they never mentioned anything about this to me.


Wizard

  • Sr. Member
  • ****
  • Posts: 428
  • Karma: +2/-1
    • View Profile
Re: Use of the Ferrari trademark
« Reply #2 on: March 02, 2014, 10:11:07 PM »

white430, I know the dvla are happy to register these cars but I do not believe they have the legal power to deal with the Trademark Act. Unlike the police who "could" possibly take a different view.  I'm just trying to ensure no one from this forum, or other replica car owners fall foul of this act. 

I'm aware of a few cars being seized abroad, and so far the U.K owners have been left untouched, and I hope this continues in the U.K, but is it really worth taking that gamble on the "pride and joy" of a car.  Let's be honest, if you took of every Ferrari badge, everyone would still believe its a real Ferrari.

rudycob1

  • Hero Member
  • *****
  • Posts: 1079
  • Karma: +4/-1
    • View Profile
Re: Use of the Ferrari trademark
« Reply #3 on: March 03, 2014, 12:03:40 AM »
White430, thanks for your kind comments on the flags and great to know that a lot of members have liked the design for the Owners Club, however I'm sure DNA would have their own badge in mind. Not that I have any objection if they wish to use that design. In fact that would make me very happy.

With regards to you argument on Trademarks, this is a very good one but also very open to interpretation.
For example, if I stick a Ferrari badge on a Ford, will this be looked at in the same light? The act is exactly the same. What if I stick an AC or Shelby badge on a cobra replica? I think the problems start to arise if somebody tries to sell a replica as an original as that is fraud. I believe the cases in Italy were something of the sort. That said, it would be great to have a DNA badge or badges to put on our cars if we wish to do so.

DNA USA

  • Sr. Member
  • ****
  • Posts: 293
  • Karma: +0/-0
  • DNA Automotive USA @ www.DNAautomotiveUSA.com
    • View Profile
    • DNA Automotive USA
Re: Use of the Ferrari trademark
« Reply #4 on: March 08, 2014, 09:38:31 PM »
I think the first line of your quote from the Act is key:

"...with a view to gain for himself or another..."

Unless a demonstrable loss can be demonstrated, or you are actively misrepresenting a counterfeit product as genuine in a financial transaction it is unlikely a manufacturer will pursue.

everyone has a right to protect their hard earned brand identity. It comes down to Cost vs. Return.

Vehicle designs I heard one time have a limited copyright and then the branding is also in play.

Ask an attorney if you want to cover your bases.

For unlimited legal advice every day of the week, in US or Canada, I use:

www.YouYourFamilyYourBusiness.com



Dove US

DNA Automotive USA
A Series of Car Caves, LLC
Distributor for DNA Automotive in the USA
www.DNAautomotiveUSA.com
www.facebook.com/DNAautomotiveUSA

Comprehensive Self-Build Body Kits and Turnkey Conversions For BMW Z3, BMW M Roadster, Mercury Cougar, Mercedes-Benz SL, and Toyota MR2 MkIII Road

Furrari

  • Hero Member
  • *****
  • Posts: 2030
  • Karma: +1/-12
  • A wise man can control the stars
    • View Profile
Re: Use of the Ferrari trademark
« Reply #5 on: March 09, 2014, 08:36:03 AM »
I never said the Furrari was anything but a replica if I was asked any details of the car I always told the truth although it was on a "if they didn't ask, I didn't tell" basis.
I was as fun showing people the Furrari's humble origins just to see the looks on their faces.

About two days after I had it I had to get a new battery for it.  While waiting for the new battery there was the expected crowd around the car.   Mumble mumble V8, mumble flat plane crank, etc.  then I popped the engine hood.  Sudden intake of breath, silence.  OMG the engine lift with the rear deck.  Priceless.
Not all problems can be solved with gaffer tape.  For those there is WD40.
Not even gaffer tape can fix stupid, but it can mask the sound.

If you can’t buy it or steal it you have to make it.