RE: Mercedes has Gullwing replica crushed

RE: Mercedes has Gullwing replica crushed

Friday 23rd March 2012

Mercedes has Gullwing replica crushed

Mercedes 300 SL replica obliterated for breaking copyright law



Makers of reps everywhere beware, particularly those interested in replicas of Mercedes products. Daimler has used a case of an illegally manufactured replica of a W198 300 SL body, confiscated by German customs and now destroyed, to make clear how seriously it takes infringements of its trademarks.


Not merely content with getting the illegal rep destroyed, it has issued a statement to the press, saying, "The body shape of the legendary Gullwing model has been trademarked by Daimler AG. Anyone building, offering or selling replicas of the vehicle is in breach of the Company's rights. This even applies if the replicas do not incorporate any logos or trademarks of the Company. Daimler AG has long taken a tough approach to vehicle replicas.

"As a work of applied art, the body of the 300 SL has been under copyright protection for a number of decades. The employees who designed the famous gullwing model in the 1950s granted Daimler AG comprehensive exploitation rights. The body shape has also been trademarked by Daimler AG, as recently confirmed by the Stuttgart regional court (case no. 17 O 304/10, final and binding judgment dated 9 December 2010, following withdrawal of an appeal)."


The press release then goes on to describe, with apparent relish it has to be said, the replica's destruction:

"The first step in destroying the replica was to separate the chassis from the body. The Mercedes-Benz used-parts centre, which is also responsible for scrapping all Mercedes-Benz prototypes from the development units, then destroyed the body on behalf of Daimler AG. The certified equipment used in the centre includes two presses, each applying over 30 tonnes of pressure. The replica sports car had a fibreglass body weighing precisely 148 kilograms, which the compressor smashed into small pieces. This dramatic end to the unlawful body was officially documented with a signed and stamped 'confirmation of scrappage'.

Don't mess with Daimler AG, in other words...

Author
Discussion

The Danimal

Original Poster:

178 posts

154 months

Friday 23rd March 2012
quotequote all
Blimey... they're not messing about.

SystemParanoia

14,343 posts

197 months

Friday 23rd March 2012
quotequote all
im dissapointed that they didnt use thermite frown

raymondmarble

5 posts

151 months

Friday 23rd March 2012
quotequote all
If this was some company's mould or prototype for making money from, then fair enough. But if this was something some guy built in his shed for his own use because he could never afford and original, then its a bit harsh frown

davepoth

29,395 posts

198 months

Friday 23rd March 2012
quotequote all
They could have driven over it with a Unimog, that would have been cool.

LeoZwalf

2,802 posts

229 months

Friday 23rd March 2012
quotequote all
What is the origin of the replica?

MrScrot

77 posts

161 months

Friday 23rd March 2012
quotequote all
BOOOO how boring of them!

SystemParanoia

14,343 posts

197 months

Friday 23rd March 2012
quotequote all
they should have secretly swapped it for a newly built real one hehe

Nors

1,291 posts

154 months

Friday 23rd March 2012
quotequote all
Hmmmm....That's very sad actually, looked very nice.

Wonder how that all fits with all the other replicas out there, GT40's Cobra's etc?

Also remember Lotus (I think) trying to do something legal with the original Esprit body being recognised by it's shape as some form of Copyright, and failed I think.

Also, does these Law's in Germany apply in different countries? E.G. If I made a replica rhere in the UK, could they also have it confiscated and crushed?

stowey1984

192 posts

150 months

Friday 23rd March 2012
quotequote all
Correct me if I'm wrong, but this article stated that this 'copy' was made without legal consent. So one assumes that there is a company out there somewhere that has applied legally to make a 'copy'?

As said, bit harsh if it was a one-off fred in the shed project.

kambites

67,461 posts

220 months

Friday 23rd March 2012
quotequote all
Nors said:
If I made a replica rhere in the UK, could they also have it confiscated and crushed?
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.

Decky_Q

1,500 posts

176 months

Friday 23rd March 2012
quotequote all
looks like it was a brand new privately owned car that was en route to its new owner from the replica manfacturer when it was seized by customs as a 'fake'.

Alex Gurr

420 posts

246 months

Friday 23rd March 2012
quotequote all
It makes me wonder what they will do with the C&G built W125 replicas?

MarJay

2,173 posts

174 months

Friday 23rd March 2012
quotequote all
If they want to prevent people from making replicas then they ought to at least offer it as a current model?

Oh damn, I forgot it wouldn't pass type approval laws. rolleyes

What a bunch of killjoys. Its not exactly competing with any of their current range of products is it? All this is going to do is push up the price of original 300SL's even further!

What a waste of time. The only people who have gained anything from this little escapade is of course the lawyers. As usual.

Andrew[MG]

3,322 posts

197 months

Friday 23rd March 2012
quotequote all
Seems pretty harsh! I hope the Russians and the Chinese start churning out 1000s of replicas just to piss them off.

infradig

978 posts

206 months

Friday 23rd March 2012
quotequote all
I visited Mercedes World at Brooklands last Saturday,and the first car as you walk in is an SLR replica,I wonder if they'll crush it when it comes off display?

Sinnistral

16 posts

162 months

Friday 23rd March 2012
quotequote all
stowey1984 said:
Correct me if I'm wrong, but this article stated that this 'copy' was made without legal consent. So one assumes that there is a company out there somewhere that has applied legally to make a 'copy'?

As said, bit harsh if it was a one-off fred in the shed project.
I'd imagine firms like Gullwing GMBH would have agreements in place, both for the SL and the Cobra.

Streps

2,445 posts

165 months

Friday 23rd March 2012
quotequote all
Killjoys!
It's not like they are selling new ones in dealerships is it?

Just seems like a waste to me.

Switch

3,455 posts

174 months

Friday 23rd March 2012
quotequote all
Ferrari do the same thing if you take a rep to Italy don't they?

kambites

67,461 posts

220 months

Friday 23rd March 2012
quotequote all
Streps said:
Killjoys!
It's not like they are selling new ones in dealerships is it?
No, but the chances are that someone is and has paid Mercedes significant money to do so.

456lbft

321 posts

226 months

Friday 23rd March 2012
quotequote all
Alex Gurr said:
It makes me wonder what they will do with the C&G built W125 replicas?
me too....They have already indicated their displeasure.