Legality of replicas
Discussion
When is it legal to make a replica of a manufactured vehicle? It seems to be OK for every man and his dog to make a Cobra, Lambo, Fezza look-a-like kit, but then you also get articles like this http://www.autoexpress.co.uk/news/autoexpressnews/210249/bmw_copy_row.html where BMW and Audi are taking Chinese manufacturers to court for designs a bit too close to their own designs.
Is it just that the owners of the copyright don't normally go to the effort and cost of taking small kitcar manufacturers through the courts, or what?
Is it just that the owners of the copyright don't normally go to the effort and cost of taking small kitcar manufacturers through the courts, or what?
I thought the copyright on the shape was 50 years, from the Westfield-Caterham settlemnt. But I think it comes down to how much effort you put in, When I worked for RR motors they would chase any one who used the flying lady, even little guys in Hongkong, but they had the money and resource.
I live in the far east and you see loads of Nissan Micra with the MK11 jag shape, and Jag appear to have let it go. In my opinion some of the new Korean cars bear more than a passing resemblence to Jags.
But as is said above badging is another matter, and of course if there was any 'passing off' then this would be fraud and could be acriminal matter.
I live in the far east and you see loads of Nissan Micra with the MK11 jag shape, and Jag appear to have let it go. In my opinion some of the new Korean cars bear more than a passing resemblence to Jags.
But as is said above badging is another matter, and of course if there was any 'passing off' then this would be fraud and could be acriminal matter.
Ffirg 005 said:
Is it just that the owners of the copyright don't normally go to the effort and cost of taking small kitcar manufacturers through the courts, or what?
Maybe..... didn't uncle Henry lose quite a lot of money when Ford tried to sue Kougar and failed for use of their name? Great PR for the tiny company from Britain 
Ferrari have taken action against kit manufacturers in the past. Don't think any got to court as just a threatening letter from Ferrari's lawyers is usually enough. Obviously hasn't stopped it, but did send things 'underground' for a while.
Lamborghini don't seem to mind replicas, and Parallel Designs even had a sort of 'official approval' for theirs.
As for Cobras, Ford who own the rights to the Cobra name issued a statement many years back basically saying 'we don't mind if you copy the shape, but use the Cobra name and we'll sue your arse off'.
Lamborghini don't seem to mind replicas, and Parallel Designs even had a sort of 'official approval' for theirs.
As for Cobras, Ford who own the rights to the Cobra name issued a statement many years back basically saying 'we don't mind if you copy the shape, but use the Cobra name and we'll sue your arse off'.
Porsche have been very accommodating over our cars. For obvious reasons they won't let us turn them out of the factory with Porsche badges on, even though they are well aware that many punters will put their own Porsche branding on them at the first opportunity.
Edited by Mon Ami Mate on Tuesday 18th September 11:23
grahambell said:
As for Cobras, Ford who own the rights to the Cobra name issued a statement many years back basically saying 'we don't mind if you copy the shape, but use the Cobra name and we'll sue your arse off'.
Didn't Caroll Shelby try and sue AC a few years back on the same grounds?Cheeky git - he pays them to put a bigger engine in their car, then copyrights in and sues them a few decades later. Fecking merkins.
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