Ninehigh
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| posted on 14/9/09 at 10:22 PM |
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Hang on it's a Caterham isn't it?
Thought occurred to me yesterday, all these 7 style cars are just that. Surely someone (Caterham?) owns the copyright and therefore how are all these
legal? In this respect I should be able to get a big v8 and make a Ferrari lookalike (almost) but I'm quite sure I'll have Italian lawyers
on my back...
Going one step further would it be legal to buy, say, an entire car's worth of Ferrari spare parts and make one, then IVA it with a different
name?
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designer
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| posted on 14/9/09 at 10:28 PM |
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7's are 'not quite' Caterhams, thats why they are ok.
The first westfields are now called 'pre-litigation' as they were just about a true copy.
Apparently some of the cars on the market are moulded from an original of what they are a copy of!
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Ninehigh
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| posted on 14/9/09 at 10:31 PM |
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Well this is what I mean, how far away do you have to go before it's not a copy?
What stops me buying a 911 engine, suspension bits etc and fitting them to a frame that I approximate to a 911 shape? Is it a case of "as long
as it's less than a 90% copy" (for example)?
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designer
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| posted on 14/9/09 at 10:57 PM |
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There was the Corvin years ago, a 911 copy. There seems to be no reasoning about replicating cars.
Probably depends on how old the model is.
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Ninehigh
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| posted on 14/9/09 at 10:58 PM |
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Right then stuff the seven, I think I shall make the missus a "911" 
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mangogrooveworkshop
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| posted on 14/9/09 at 11:30 PM |
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Theres a whole post I put up a while ago about the legal aspect caterham v robinhood cat 1 v westfield cat 1 v birkin..... lost miserably.
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Ninehigh
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| posted on 14/9/09 at 11:34 PM |
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You tend to think of these things when you're wandering round a warehouse at 2am...
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matt_claydon
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| posted on 14/9/09 at 11:53 PM |
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There are tonnes of Ferrari / Lambo / Porsche replicas on the market amongst others. They stay below the radar because basically, they're shite.
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morcus
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| posted on 15/9/09 at 12:02 AM |
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I was under the impression it was to do with selling.
I was under the impression that if a private individual made something for themselves they could make it look like anything, in all fields. I was also
under the impression that lotus tried to copyright the basic wedge shape of the Esprite a few years ago (On the grounds that alot of other cars were
the same basic shape) and that they failed.
Logo's and badges are different though.
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Ninehigh
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| posted on 15/9/09 at 12:04 AM |
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Yeah I suppose if you were to make it look like a 911 you'd have to sell it as a 911 replica.
How about one of them "obvious" fake style badges like "Posche"?
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speedyxjs
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| posted on 15/9/09 at 06:11 AM |
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You have a good point.
Remember that MR2 based ferrari replica on top gear a few year back? Looked exactly like a ferrari to me and had all the apropriate badges!
How long can i resist the temptation to drop a V8 in?
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jabs
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| posted on 15/9/09 at 07:04 AM |
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The extreme cars web site even boasts their lambo was moulded off a real one, as was their 355
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Blackbird Rush
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| posted on 15/9/09 at 07:46 AM |
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I think what gets the manufacturers a bit miffed is if someone is replicating a 'current' model in production as it could effect their
sales of new cars.... Ferrari @  £K's or replica @£K's
I'm sure the manufacturers out there dont want their name associated with sub standard offerings, see earlier post regarding the TR7
Ferrari......
I think it was put very well in an earlier post..... Most replica kit supercars are Sh1t! 
There's pleanty of decent kits out there for a lot less £ than production supercars.....Ultima for example, dont know why people bother with
replicas.....
Sort of wandered off of the original 'Caterham' thread... as we all know the 7's (whoops trademark infringement ) market is
compleatly different as there are lots of manufacturers making cars cheaper and better than the original!
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iank
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| posted on 15/9/09 at 03:54 PM |
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quote:
Originally posted by Blackbird Rush
... the 7's (whoops trademark infringement) ...
Yes, "The 7" is trademarked, however "a 7" isn't and "7" is untrademarkable being a number (threatening
lawyers get involved, but that doesn't necessarily mean they have a case, just a good line in strongly worded letters).
The full list of Caterham trademarks is here:
http://www.ipo.gov.uk/types/tm/t-os/t-find/t-find-adp?propnum=0905966001
You do need, however, to be careful not to be caught 'passing off' i.e. pretending your non exact replica is a real caterham, or
accidentally give one of the above lawyers an excuse to suggest you are.
Given the high cost of defending yourself, while being temporarily not allowed to sell your product, most people avoid the term just for an easy life.
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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designer
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| posted on 16/9/09 at 08:35 PM |
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Are you sure you can't trademark, or hold the rights to, a number?
The Porsche 911 was going to be the 901, but Peugeot have the rights to all 3 digit nnumber with a '0' in the middle!
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iank
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| posted on 16/9/09 at 08:41 PM |
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quote:
Originally posted by designer
Are you sure you can't trademark, or hold the rights to, a number?
The Porsche 911 was going to be the 901, but Peugeot have the rights to all 3 digit nnumber with a '0' in the middle!
I'm sure it was mentioned in the trademark/copyright/patent course I did. The example given was it the reason intel used Pentium instead of
586. AMD et.al had copied 386, 486 for their chips and intel couldn't do anything about it.
YMMV, IANAL etc.
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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Ninehigh
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| posted on 16/9/09 at 08:43 PM |
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quote:
Originally posted by designer
Are you sure you can't trademark, or hold the rights to, a number?
The Porsche 911 was going to be the 901, but Peugeot have the rights to all 3 digit nnumber with a '0' in the middle!
Probably correct, as they can't call it the "One double O seven" cos the James Bond people will get pissed off
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