Jaguar Land Rover goes after replica community

[a8hex]

4rephill said:

a8hex said:

For the XK120 they never denied the influence of this


Sorry, I swiped the picture from https://newatlas.com/1937-bmw-328-mille-miglia-bue...

Which is another decade earlier and far far closer to the mark.

The XK 120 wasn't a replica of the BMW though, was it?

Being "influenced" by something, is not the same as being a replica of something.

My comment was a reply to the assertion that the D-Type was a based on the Duncan Healey when we know its lineage, the XK120 was influenced by the BMW and then there is a clear progression from the 120 to the C-Type and on to the D and ultimately the E-Type.

[jeff666]

NDA said:

4rephill said:

(Strangely though, Ferrari don't seem to be going after GTO engineering, and their fake 250 SWB's and such like! )

I wondered that too. Perhaps GTO have permission?

Who knows eh ?

They do make a lot of parts to keep originals on the road so maybe there is an agreement.

Rod Tempero in New Zealand has been and continues to make GTO and other very correct replicas for years now and shows no sign of slowing down.

[Gareth9702]

jeff666 said:

Who knows eh ?

They do make a lot of parts to keep originals on the road so maybe there is an agreement.

Rod Tempero in New Zealand has been and continues to make GTO and other very correct replicas for years now and shows no sign of slowing down.

Ferrari lost the design rights to the 250 in a 2020 ruling by the EU Intellectual Protection Office. They were ruled not to have made use of the design and therefore their rights had lapsed.

[dudleybloke]

InitialDave said:

craigjm said:

and the complainant can show that you have tarnished their reputation through disclosing details of their actions.

Why would it tarnish their reputation, if they're in the right?

I don't see how a company or individual can believe it's legally and morally correct to send a C&D for someone infringing their IP, and at the same time be concerned that people knowing they're doing so would damage their reputation.

This!

[craigjm]

dudleybloke said:

InitialDave said:

craigjm said:

and the complainant can show that you have tarnished their reputation through disclosing details of their actions.

Why would it tarnish their reputation, if they're in the right?

I don't see how a company or individual can believe it's legally and morally correct to send a C&D for someone infringing their IP, and at the same time be concerned that people knowing they're doing so would damage their reputation.

This!

Oh FFS it’s quite simple. A company can be 100% in right but it’s always “oh no big nasty company squashing the little guy”. I’m reality when it comes to IP, if you’re making money out of someone else’s work then you shouldn’t be doing it regardless of “well they haven’t said anything before” and this thread shows how easy it is for the nasty company stuff to grow legs

[a8hex]

I've just seen that Neville Swales (XJ13) has posted on FB that the appeal has started in the court case.

JLR throwing their toys out of the cot

Will be interesting to see what transpires.

[lowdrag]

After deliberation the testimony of Philip Porter was refused. I do so hope that Jaguar lose this appeal, and there is a well-reputed Swedish barrister who is assisteing the Magnussons. More anon.

[a8hex]

lowdrag said:

After deliberation the testimony of Philip Porter was refused. I do so hope that Jaguar lose this appeal, and there is a well-reputed Swedish barrister who is assisteing the Magnussons. More anon.

Thanks Tony, so things have changed again since that page was published earlier today.

JaguarMagazine said:

“JLR also found some other toys to throw out. A very well-respected and senior Swedish copyright legal professional offered a 6-page document clearly laying out reasons why copyright for the C-Type should never be accepted in Sweden. JLR threatened to walk out if this submission was approved by the Court. This respected person will be very well known to the Judges presiding. The submission HAS been approved by the Court. It remains to be seen what JLR’s reaction will be …

“You couldn’t make it up!

“The banned ‘witness’ was Philip Porter

[Bodo]

This thread is continued here:
Magnussons-Jaguar Court Appeal Result