RE: Mercedes has Gullwing replica crushed
Discussion
kambites said:
I think the answer is yes, although they'd probably have to jump through all sorts of legal loopholes to do so. Breach of copyright is breach of copyright... as long as the country in question recognises the copyright, it doesn't matter where it was filed.
I'm surprised this doesn't happen more, with the number of "replicas" out there. I doubt many of the companies producing them have bought the rights to use the design.
I bet it would be a lot more difficult in China..... :-pI'm surprised this doesn't happen more, with the number of "replicas" out there. I doubt many of the companies producing them have bought the rights to use the design.
The answer to this thread is back on page one.
"Gullwing GMBH" produce this under license.
I should imagine that they pay MB for this privelige.
If someone else competes in a marketplace that they pay to have exclusivity then they have every right to go back to whoever they pay a royalty to and have them stop it.
If they are currently producing this item then it is therefore a "current" item, and not something that was forgotten about 57 years ago.
Simples.
.........Or am I the one who has missed the point here????
"Gullwing GMBH" produce this under license.
I should imagine that they pay MB for this privelige.
If someone else competes in a marketplace that they pay to have exclusivity then they have every right to go back to whoever they pay a royalty to and have them stop it.
If they are currently producing this item then it is therefore a "current" item, and not something that was forgotten about 57 years ago.
Simples.
.........Or am I the one who has missed the point here????
t , a lot of people drive modern cars that look like something they are not.
matlee said:
At which point can a car be classed as not being a replica? how much do the dimensions and styling need to differ?
An interesting question I think. Relevant to me to be honest too. Sitting under a tarp on my drive waiting for my attention I have a Supra with a 250GTO kit, originally intended for a datsun Z, grafted on to it. It doesn't look much like a GTO if you know what one actually looks like - the roof line's wrong, the width/length ratio's wrong, the list goes on.
It's not finished yet but it's getting modern LED light clusters and projector headlamps, no chrome, modern wheels etc. It's obviously not getting any Ferrari badges. My intention is to build it up as a modernised 'homage' something that looks a bit like a GTO but obviously isn't one.
Would this fall foul of the the trademark law invoked in this case? Where's the line drawn? Surely Mercedes can't have legal dominion over everything that looks like a 300SL if you squint a bit?
Edited by hairykrishna on Friday 23 March 23:53
How on earth did a reasonable copy / replica in glassfibre ever going to bother the value of the real item. Possibly a chance for some one to honour the look of the car at price they could afford which means they could probably never afford the real car.
I get PW's comments over copy right for designers etc but this is not like illegal down load where you are denying the artist or corporation their fee. Come on this is a copy of a product that is not produced any more and is way beyond the affordability of 99% of the population.
Mercedes..... get over yourself you miserable f..kers or I am I not allowed by Merc / Daimler AG to say that........ look out ze Germans have got their towels on the sun-loungers again.
I get PW's comments over copy right for designers etc but this is not like illegal down load where you are denying the artist or corporation their fee. Come on this is a copy of a product that is not produced any more and is way beyond the affordability of 99% of the population.
Mercedes..... get over yourself you miserable f..kers or I am I not allowed by Merc / Daimler AG to say that........ look out ze Germans have got their towels on the sun-loungers again.
[quote=PW]As a designer, I really don't like the way public consensus seems to be sliding ever more towards the notion that defending the ownership of Intellectual Property is just plain wrong.
quote]
And as a designer, you should know that;
a) everything has been copied
b) you've probably copied stuff yourself on your way to becoming a designer
c) if it aint for sale, there's no infringment
d) not many car manufacturers are free from the accusation of having copied other designs
When did you last see a truly and comercially viable original design, particularly in the motor industry?
As members of the public, we ought to be very very aware of the road we are all being led down. The world is fast approaching one where none of us have the freedom of choice, movement, thought and voice. We are al taxed to an ever-higher limit by governments that are paid lackies of big corporations. Our money bails them out when the screw up and they have the god given right to screw over some guy who builds a replica of long out of production and commercially unviable design.
Careful what you wish for people..........
quote]
And as a designer, you should know that;
a) everything has been copied
b) you've probably copied stuff yourself on your way to becoming a designer
c) if it aint for sale, there's no infringment
d) not many car manufacturers are free from the accusation of having copied other designs
When did you last see a truly and comercially viable original design, particularly in the motor industry?
As members of the public, we ought to be very very aware of the road we are all being led down. The world is fast approaching one where none of us have the freedom of choice, movement, thought and voice. We are al taxed to an ever-higher limit by governments that are paid lackies of big corporations. Our money bails them out when the screw up and they have the god given right to screw over some guy who builds a replica of long out of production and commercially unviable design.
Careful what you wish for people..........
Deutschland Uber Alles-hmmm! Funny I thought of building a "Graf Zeppelin" and a "Bismark" for the local park and pond-now I think I'll try another country's armoury instead, just in case the Republik try to extradite me to their friends in Amerika or Guantanamo Bay Beach Resort.
I do agree though if you are trying to "pass off" as genuine then it's the crusher or Brockettisation as we know it here. Gazooks!
I do agree though if you are trying to "pass off" as genuine then it's the crusher or Brockettisation as we know it here. Gazooks!
[quote=MSPV12][quote=PW]As a designer, I really don't like the way public consensus seems to be sliding ever more towards the notion that defending the ownership of Intellectual Property is just plain wrong.
quote]
And as a designer, you should know that;
a) everything has been copied
b) you've probably copied stuff yourself on your way to becoming a designer
c) if it aint for sale, there's no infringment
d) not many car manufacturers are free from the accusation of having copied other designs
When did you last see a truly and comercially viable original design, particularly in the motor industry?
(...) [/quote=MSPV12]
a) Nobody on planet earth made a gullwing car before Mercedes did. It was copied from NOBODY.
b) When on his own, working as a professional designer, PW couldn't have copied from nobody. If he did, he was laughed out a room and out of a job.
c) This rip-off WAS for sale or it wouldn't and couldn't have been confiscated. Period. Mercedes makes every part of the 300SL for a price and does indeed have a legitimate infringement on its hands.
d) See point a.
A lot of original, commercially viable designs come to mind -- even several recently. The Smart Car, Land Rover Evoque, the original Hummer, even the Ferrari Italia is quite original in its looks. Can you name where they were copied from? You cannot, because they weren't.
quote]
And as a designer, you should know that;
a) everything has been copied
b) you've probably copied stuff yourself on your way to becoming a designer
c) if it aint for sale, there's no infringment
d) not many car manufacturers are free from the accusation of having copied other designs
When did you last see a truly and comercially viable original design, particularly in the motor industry?
(...) [/quote=MSPV12]
a) Nobody on planet earth made a gullwing car before Mercedes did. It was copied from NOBODY.
b) When on his own, working as a professional designer, PW couldn't have copied from nobody. If he did, he was laughed out a room and out of a job.
c) This rip-off WAS for sale or it wouldn't and couldn't have been confiscated. Period. Mercedes makes every part of the 300SL for a price and does indeed have a legitimate infringement on its hands.
d) See point a.
A lot of original, commercially viable designs come to mind -- even several recently. The Smart Car, Land Rover Evoque, the original Hummer, even the Ferrari Italia is quite original in its looks. Can you name where they were copied from? You cannot, because they weren't.
Edited by Trevor M on Saturday 24th March 04:55
Edited by Trevor M on Saturday 24th March 04:58
Ya boo sucks..what impact would a handful of replica gullwings have on the behemoth that is Mercedes...they have their priorities a litle mixed up instead they should concentrate on building well built quality product that doesnt rust or break..and focus on how they used to build their cars
I don't agree with replica's of iconic or exotic road cars mostly because it has an effect on the brand. If I see a 360 these days, the first thing I think of is that its probably an MR2 
. Poor quality builds look crap, and people who don't know what the real thing should look/sound like will just think thats what they are like.
I have less of an issue with race cars, as they don't have a quality aspect to the brand. Each car will have been fettled, modifed and repaired during its life, so there isn't the same. That why cobra's GT40's etc are on in my opinion.
Any replica should also replicate the driving experience, so a cobra with a ford v8 is ok, cobra with a rear mounted vw engine (yes its been done) is not.
. Poor quality builds look crap, and people who don't know what the real thing should look/sound like will just think thats what they are like.I have less of an issue with race cars, as they don't have a quality aspect to the brand. Each car will have been fettled, modifed and repaired during its life, so there isn't the same. That why cobra's GT40's etc are on in my opinion.
Any replica should also replicate the driving experience, so a cobra with a ford v8 is ok, cobra with a rear mounted vw engine (yes its been done) is not.
MSPV12 said:
BarnatosGhost said:
Well, if it had looked like a mkI Fiesta with a Mercedes badge, then fine. But it looked just like a Mercedes 300SL...
The very reason for its creation was to be fake.
Emphasis on 'looked like'. Was anyone stating it was one? Define the word 'Fake'. Period!The very reason for its creation was to be fake.
They very deliberately look a lot like something a lot more expensive = they are fake. A masquerade.
hairykrishna said:
matlee said:
At which point can a car be classed as not being a replica? how much do the dimensions and styling need to differ?
An interesting question I think. Relevant to me to be honest too. Sitting under a tarp on my drive waiting for my attention I have a Supra with a 250GTO kit, originally intended for a datsun Z, grafted on to it. It doesn't look much like a GTO if you know what one actually looks like - the roof line's wrong, the width/length ratio's wrong, the list goes on.
It's not finished yet but it's getting modern LED light clusters and projector headlamps, no chrome, modern wheels etc. It's obviously not getting any Ferrari badges. My intention is to build it up as a modernised 'homage' something that looks a bit like a GTO but obviously isn't one.
Would this fall foul of the the trademark law invoked in this case? Where's the line drawn? Surely Mercedes can't have legal dominion over everything that looks like a 300SL if you squint a bit?
Edited by hairykrishna on Friday 23 March 23:53
Strange world we live in. When I thought about building the 1952 Le Mans C-type I asked Jaguar Heritage and they were not in the slightest against, so we did it, it races, has been invited to the Revival and Festival, and is generally accepted. I've had two Lynx alloy D-types and they were built from 1975 until 1991, with no complaints from Jaguar. As is said earlier, perhaps it's a twist of German law that allowed this destruction?
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