Replica - Oh dear

Replica - Oh dear

Author
Discussion

HolbaySS

Original Poster:

45 posts

132 months

ZeusF

377 posts

123 months

Friday 1st August 2014
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Mercedes are strict when it comes to IP

FlossyThePig

4,083 posts

243 months

Friday 1st August 2014
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Don't drive a "Ferrari" replica to Italy either.

Flatinfourth

591 posts

138 months

Saturday 2nd August 2014
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So: They crush a replica to protect IP, yet they cared so much for the heritage of this automotive icon that when requested,they didn't have the factory tools to make a wheel...

A rather nice chap i believe was charged something £outrageous.00 per rim to make new ones... One of my guys fitted the tyres to those rims - no pressure whatsoever!


gtmdriver

333 posts

173 months

Saturday 2nd August 2014
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Like it or not all replicas, whatever their badge, only exist due to the good grace, lethargy or ignorance of the manufacturer they are copying.

Technically they all infringe on copyright and intellectual property legislation.

It may seem like overkill but a manufacturer does not want to be represented in the public domain by something which was not actually manufactured by them.

Fury1630

393 posts

227 months

Sunday 10th August 2014
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gtmdriver said:
It may seem like overkill but a manufacturer does not want to be represented in the public domain by something which was not actually manufactured by them.
Unfortunately these days that's exactly what they've done to themselves. Most manufacturers (inc. Bentley) have issued recalls for parts they've had made cheaply "off-shore". Funny that when it could save money on the current range it's OK to be "represented in the public domain by something which was not actually manufactured by them", but when it's something they have no financial interest in, they won't allow it, because there's a perception their image might be affected.

But the law is the law. Much like the extreme end of health & safety legislation, the IP rights issue will stifle all industry sooner or later (perhaps when some archaeologist discovers the wheel was invented by a bloke from one of British Leyland's ancestor companies & sues EVERYONE.

S47

1,325 posts

180 months

Monday 11th August 2014
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Interesting regarding the 300sl bodyshell - no mention of the moulds though which were used to produce it, wonder where they residebiggrin
Personally don't like replica's but what about all the Lotus 7 reps out there there's gazillions of 'em??

Frankthered

1,624 posts

180 months

Monday 11th August 2014
quotequote all
S47 said:
Personally don't like replica's but what about all the Lotus 7 reps out there there's gazillions of 'em??
There have been court cases! (Several, I believe.)

Most notably against Westfield whose car, back in the eighties, was much closer to being a replica of the Lotus/Catherham. Westfield were forced to modify their design to differentiate it from the original.

I think part of the issue with the 7 design is that it is fairly generic and it's pretty easy to change some of the details to make it different enough to avoid litigation.

Some people are experts and can spot whether a car is a Caterham, an MK or a Formula 27 at 100 paces.

Not me though!! biggrin

Steffan

10,362 posts

228 months

Monday 11th August 2014
quotequote all
Frankthered said:
S47 said:
Personally don't like replica's but what about all the Lotus 7 reps out there there's gazillions of 'em??
There have been court cases! (Several, I believe.)

Most notably against Westfield whose car, back in the eighties, was much closer to being a replica of the Lotus/Catherham. Westfield were forced to modify their design to differentiate it from the original.

I think part of the issue with the 7 design is that it is fairly generic and it's pretty easy to change some of the details to make it different enough to avoid litigation.

Some people are experts and can spot whether a car is a Caterham, an MK or a Formula 27 at 100 paces.

Not me though!! biggrin
In reality Caterham went against another seven copy the Birkin and lost see

http://www.saflii.org/za/cases/ZASCA/1998/44.html

From that point Caterham really had no basis to continue these actions. The shape of a car is virtually not capable of being copyrighted. Too many common elements is all car designs. The brand itself can be protected and possible specific elements of the design. But this case really showed that Westfield were never really in much trouble. Chris Smith was a very very canny man and chose to minimise his risk. But Caterham really have no provenance over the seven shape.

Now we have literally dozens of sevenesque cars some of which are not bad. Still only one Super Seven. The Lotus.