zxrlocost
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| posted on 13/3/07 at 12:36 PM |
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how do they get away with it then
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
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fesycresy
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| posted on 13/3/07 at 12:40 PM |
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I've heard it's the 10% rule.
But this may be an urban myth ??
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The sooner you fall behind, the more time you'll have to catch up.
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zxrlocost
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| posted on 13/3/07 at 12:49 PM |
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whats that
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Jasper
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| posted on 13/3/07 at 12:49 PM |
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I bought many lambo and ferrari owners would argue that their cars are anything like the kits
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Hammerhead
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| posted on 13/3/07 at 01:07 PM |
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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.
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miegru
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| posted on 13/3/07 at 01:08 PM |
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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....
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RazMan
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| posted on 13/3/07 at 01:26 PM |
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I suppose that would mean that a 'fake' manufacturer could gauge its success on the number of lawsuits it attracts
Cheers,
Raz
When thinking outside the box doesn't work any more, it's time to build a new box
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andyps
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| posted on 13/3/07 at 05:44 PM |
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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!)
Andy
An expert is someone who knows more and more about less and less
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