sue-ing for copying a model

sue-ing for copying a model

Author
Discussion

chassis

Original Poster:

300 posts

233 months

Monday 4th February 2002
quotequote all
Hi,


When you copy a ferrari or any vehicle model.
Don' the real model building company sue you for copying their model by breaking the patent-law?

Why bother copying than making a similar model by modifying the design a bit and labelling the model in your own name?

Say that you built a ferrari chassis and body with a different car company' engine and parts and sell the car as a ferrari.
Wouldn't the ferrari company sue you for selling a car with different companies parts in their car model' name?
And wouldn't the buyer sue you for selling a car which is not 100% ferrari?

Just how does these things work?

How do you avoid being sued both by the buyer and the company whose model you copy.






>>> Edited by chassis on Monday 4th February 19:36

craigw

12,248 posts

249 months

Monday 4th February 2002
quotequote all
more to the point wouldn't you feel like a complete tosser driving around in a car which anyone who has any idea about cars can see & hear that it's not the real thing. MR2 355 anyone ? ?

chassis

Original Poster:

300 posts

233 months

Thursday 7th February 2002
quotequote all
quote:

more to the point wouldn't you feel like a complete tosser driving around in a car which anyone who has any idea about cars can see & hear that it's not the real thing. MR2 355 anyone ? ?




Yes, but what about people who can't like young people, like me?

marki

15,763 posts

237 months

Thursday 7th February 2002
quotequote all
zzzzzzz,zzzzzzzzz,zzzzzz,zzzzzzzzzz,zzzzzzz,

I know you are not interested in Courses or college but did you ever think about going to law school , to find out the answers to your questions ,,,, hows the quad cam V12 coming along

Roadrunner

2,690 posts

234 months

Thursday 7th February 2002
quotequote all
Maybe you could buils one in woodwork at school. And why arn't you there today?

Nightmare

5,026 posts

251 months

Friday 8th February 2002
quotequote all
Chassis....you will only get sued if you try and SELL the vehicle as a geniune Ferarri, or passit off as a geniune ferrari (by using ferrari official badges etc). It's actually called 'passing off' in law - and basically it stops people doing what you suggest.

If, however, you build a car which looks exactly like a ferarri, has the same kit in it as a ferarri (same engine etc) and goes like a ferarri, but you dont try and sell it AS a ferarri, then you'll be ok!

does that help?

cheers
Night

domster

8,428 posts

237 months

Friday 8th February 2002
quotequote all
Sadly Night, chassis would still likely to have breached innumberable 'intellectual property' rights that Ferrari have, regarding the design of their vehicles. It is likely that many aspects of a Ferrari are patented, the curvy bits are registered designs and even making a similar badge could breach trademark legislation.

Ferrari could then claim for infringment and sue him, his teachers, special care supervisors, and the people who make his medicine.

Nightmare

5,026 posts

251 months

Tuesday 12th February 2002
quotequote all
hmm...good point...having re-read what I wrote, I think I was talking some compelte bollocks! not by design though.....the only actualy patented car shape is the Morgan I believe.....so as long as you never try and pas the Ferarri copy off as one, or try and start a business using their hardware (and obviously no-one EVER would cos of the cost) you'd be ok...agreed?!

marki

15,763 posts

237 months

Tuesday 12th February 2002
quotequote all
But you can as our friend is going to prove to us build your own from bits

domster

8,428 posts

237 months

Wednesday 13th February 2002
quotequote all
Night - patenting isn't the only way to protect a design. There are also 'registered designs' and even 'unregistered designs' which have some limited protection without the need for a designer to do anything at all to safeguard his work. Also, as soon as the drawings for the Ferrari are put on paper, then they exist in copyright law (automatic protection).

Passing off is never the only remedy as otherwise people would breach the law all the time, only retracting if there was confusion in the market place (which is what passing off is there for).

Sorry to be boring - this is what I remember from doing Intellectual Property as part of my Law degree!!!

Rgds
Domster

richb

45,452 posts

251 months

Wednesday 13th February 2002
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I used to know a girl called Sue Ing.

boom boom Rich...

marki

15,763 posts

237 months

Wednesday 13th February 2002
quotequote all
Lawyers are like Nuclear missles

"Once you use them everything is fuked up"