Ferrari corporate forcing Rob to shut down F-chat...

I hope and pray Ferrari S.p.A. recognize the benefit's a forum such as this one give's them on a promotional and business front and my optimistic outlook want's to believe they will. I will be watching this thread closely for any update's.

 

Put me down for $1000 towards the FCHAT legal defense fund!

 

yes, we know. you missed the joke.

 

Well, 2nd time buyers count? That was my case on my fav. 456. What got me researching and then: PULL THE TRIGGER.....

now, looking at a Fiat 2400 Dino [my affordable version of a Dino]....


HEY ROB: Ya' got a FChat-VISA card that I can use for a quick down on a 3x8.....or would VISA take you on? [site is a drug: costs me lots of money and I'm addicted....I wouldn't worry about Ferrari, I'd worry about the ATF[and Explosives] bureau]

 

ROB: IF you spell Ferrari in the American manner.....maybe they would drop it all together: Problem solved.
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+1

 

I'm confused-- is there an actual problem, or not?

I thought Napolis' post summed it up pretty nicely-- so is that position actually in question?

 

Actually, in trademarks this is descriptive fair use and a judge should accept it.

 

You're right, and this is also a part of "latches" as a defense.

 

Not exactly true. Do a little Google search on what Ford has done to protect it's name and trademark infringements. Because it is somebody's name, it doesn't give you free pass to use the name. FoMoCo.com was shut down by Ford along with numerous other web sites and forums using the Ford name. Every repop supplier must also pay a fee to Ford for every part that is sold. Carroll Shelby is now on the same band wagon trying to shut down web sites and parts remanufacturers...all the way down to the rocker stripes that 3M reproduces. Ford has even forced the aftermarket suppliers to stop using the Mustang/Ford names in their company's names. Some of these aftermarket companies have had these names for over 25 years. The remaining guys that fought Ford ended up losing in the end. It is better to surrender and have some sort of damage control as it relates to an agreement that everyone can live with.

 

As an optimist I can see nothing but positive aspect's for both side's IF it come's to the point of a mutual collaboration being necessary via Ferrari's view's. My personal view is that this website is Ferrari's biggest internet supporter/customer supporter/image and aura supporter and one that does not tread on the marque that is so near and dear to our heart's and what it stand's for.

I hope my jumbled thought's, grammar and sentence structure do not obscure my point?

 

So far as I know, by the same doctrine I cited, Ford lost the rights to "GT-40".

I also believe, by the same doctrine I cited, Lancia lost the rights to "Strotos".

 

If attorneys get involved it's probably about billable hours. Unless they're in-house, then probably nothing will happen.

 

I would think that reference to a name for the sake of a subject line doesn not create a problem.
It is only when someone slaps it on a product and infers it to be something it is not. aka 'coka-mola' or something.

Models apparently not a problem:
Daytona
California
Sonoma
Malibu
Modena
New Yorker
GTO
etc. etc.

And one IIRC that was:

Beretta


Seems Proper names are more a problem [other than first use copyright]
Yet no relation to Ferrari that makes Ferrari products such as a tractor and Accordian [and leather products?] can do bus. as usual.

Like Rob said, there seems to be a pot stirred, but may amount to nothing given the fact almost everyone knows this is NOT an official site
but an enthusiast's site: but then again that never stopped a friv. lawsuit.

 

Well, the fact that Rob makes a good profit on the site, might factor in and be a problem?? Im not a legal expert, but isn't he profiting on using the name Ferrari for the site?

 

don't think profit would have anything to do with it. Could be charitable, or free...so not a factor.

 

I don't know, I think Ferrari think it matters. Rob, what do you have? Like 30 sponsors? that would give a good 6-10k a month + subscibers. That is a pretty substantial amount, and he did work hard to get all this up and take it this far with all these members. But in the end, it's the Ferrari name that draws people here and the name that gives him the profit. I think that will be the weak spot for Rob

 

On a similar note. Cavallino was initially published as " The International Ferrari Magazine".
Vol. 1 Number 4 opened with a letter from Enzo Ferrari to Chuck Queener Editor/Publisher praising the magazine but stating that "an explicit recognition, on my behalf, or anyone else of Ferrari, is not possible." He went on ask for the abolition (his term) of the International Ferrari Magazine cover inscription. His request was based on a desire to avoid "misunderstandings predjudicial to free expression and judgement of the magazine". No mention of trademarks was made.
Beginning with that issue Cavallino used the title "The Magazine For Ferrari Enthusiasts". Apparently Ferrari had no issues with that.
How things change.
Hang in there Rob you've created a community and it stands with you no matter what it's called.
David

 

I would work full time also if this was my board ... = MO MONEY

 

Jonas, I am not quite sure yet, but I think your tone with this is starting to suck.

 

What, why? I really think that is gonna be a factor if Ferrari pursues this. You don't? I would do the same if this was my board, it's no secret that there are sponsors on this board + subscibers.