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how do they get away with it then
zxrlocost - 13/3/07 at 12:36 PM

I was wondering with copyright stuff etc

how do people get away with copying a car and starting a new make

like the amount of 7 manafacturers and ferrari replicas lambo etc.

quite a few have been took to court but got away with it?

is the age old rumour true if you change one thing its no longer the same thing ?

chris


fesycresy - 13/3/07 at 12:40 PM

I've heard it's the 10% rule.

But this may be an urban myth ??


zxrlocost - 13/3/07 at 12:49 PM

whats that


Jasper - 13/3/07 at 12:49 PM

I bought many lambo and ferrari owners would argue that their cars are anything like the kits


Hammerhead - 13/3/07 at 01:07 PM

it's a bit sketchy really. I work in the furniture business and it's rife. Copying someone elses designs is simple, and usually only three or thereabouts slight changes are made to create a 'new' product. If exact dimensions are used it would be difficult to defend yourself in court, also if you breach patents you will be sued.
Registered designs are also to be considered, this protects the silhouette of a product, but like most protection only lasts about 20 years max. So I would guess that the caterham is out of protection as would many older designs and shapes.

All IMHO.


miegru - 13/3/07 at 01:08 PM

Caterham have been actively trying to defend their rights on the seven name and style.

Having helped the Westfield importer in the Netherlands with this (the company I worked for at the time had some good friendly lawyers) I have learned that they don't stand a chance in court. It is almost impossible for a company like caterham to prove that another seven is a copy of their product. As long as you don't use their logo.

However it is possible for them to take you to court and before getting there they will have spend a sh$%tload of money. Problem is: so will you. And if you win the case you will only get a small percentage of these costs back.

So legally they don't stand a chance but they win because no starting small company can affort the costs and time required to go to court with them.

As for the big companies like Ferrari, Lamborgini, etc. As long as the copying stays small in volume; it's good marketing for them. I used to work in adidas and a lot of time is spend on reducing the number of fakes in the market. However the worst thing a brand can have is if nobody is interested in making fakes....


RazMan - 13/3/07 at 01:26 PM

I suppose that would mean that a 'fake' manufacturer could gauge its success on the number of lawsuits it attracts


andyps - 13/3/07 at 05:44 PM

Not sure how it applies to complete cars, but car manufacturers have a 5 year protection on components of new car models as far as I know. What this means for example is that when Ford introduce a new Mondeo for 5 years no one can make replica body panels, but after that it becomes a free for all. This awards the manufacturers an ability to get their investment back, but later owners can have a choice.

If you replicate a Ferrari 430 you would have problems, but if it was a 355 you may be OK. A copy of the Caterham CSR might fall into this category as it is essentially a new design (according to Caterham!)