More Ferrari Litigiousness | FerrariChat

More Ferrari Litigiousness

Discussion in 'Ferrari Discussion (not model specific)' started by thecheddar, Aug 27, 2014.

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  1. thecheddar

    thecheddar Formula 3

    Jun 29, 2006
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    A cease and desist for a wrap with some badges he put on his car as a joke?

    Ferrari Sent Deadmau5 A Cease And Desist About His 'Purrari'

    Stories like this make me think "McLaren. Yes, McLaren." Honestly, this is why I so hate Ferrari now. The cars are good and all, of course, but the company is run by absolute jerks who don't blink at treating customers terribly, cheating to get their way or simply being a bully.
     
  2. GTS Bruce

    GTS Bruce Pisses in your Cheerios

    Oct 10, 2012
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    The wrap and emblems are crappy mickey mouse and not even a Camaro or mustang owner would approve on their car. Go get a McLaren with its cheap interior if that's what your into.
     
  3. JCR

    JCR F1 World Champ
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    #3 JCR, Aug 27, 2014
    Last edited by a moderator: Sep 7, 2017
  4. Bullfighter

    Bullfighter Two Time F1 World Champ
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    Ferrari has to do this to protect its trademarks. I would bet the wordmark with the extended serif on the 'F' is legally protected. Standard procedure for corporations.
     
  5. WJGESQ

    WJGESQ Formula 3

    Dec 30, 2004
    1,477
    Well,doesn't trade mark and trade dress all hinge on commercial enterprises and market/consumer confusion.


    If this is not being offered for resell or for a commercial enterprise, where is the harm or "market confusion"?
     
  6. GuyIncognito

    GuyIncognito Nine Time F1 World Champ
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    Jun 30, 2007
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    well the car was out up for sale recently....maybe Ferrari waited for that to file.

    I like what he did with the car, I think it's hilarious; and if he didn't change the logos/script I think Ferrari would have left it alone.

    did Ferrari sue Jamaroquai (sp?) over their album cover years ago?
     
  7. Hannibal308

    Hannibal308 F1 Veteran
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    What a bunch of Lawyer/Corporate BS. It's DM's car and he should be able to do whatever he wants with it. No way this could be construed as some effort to profit from the Ferrari mark. Total crap!

    Whenever I see or hear of stuff like this, it just makes me happier to see people mod their cars away from the mainstream according to their own taste, even if it's poor. I still applaud the move.

    Steaming in Arizona...

    Hannibal
     
  8. WILLIAM H

    WILLIAM H Three Time F1 World Champ

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    Hilarious, Ferrari needs a sense of humor
     
  9. veloce92

    veloce92 Formula Junior

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    that is what makes it so funny.. it isn't on a Mustang or Camaro. It's on a Ferrari and it is making fun of chaps like you.
     
  10. Hannibal308

    Hannibal308 F1 Veteran
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    Wonder if I could get a letter by dragging some truck nuts around behind my GTB? The snoborosi might just castrate me...
     
  11. thecheddar

    thecheddar Formula 3

    Jun 29, 2006
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    Well, it seems guys like you run Ferrari's legal department: It's a joke. It's parody. It's taking the snobbery of Ferrari ownership (ahem) and laughing at it.

    And this is NOT protecting one's trademark. When an artist pokes fun of you, it's protected speech. Ferrari doesn't respect anyone even using or modifying their cars in a way they don't approve, much less free speech. That, friends, is 100% B***s***.
     
  12. amenasce

    amenasce Three Time F1 World Champ
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    Even of legally they could be right, it's a pretty stupid fight and a catastrophic PR move (read comments on Facebook where this story broke 5h ago).
     
  13. DesertDawg

    DesertDawg Eight Time F1 World Champ
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    I agree that it falls under parody... I don't see how Ferrari has a case here at all, unless they also realize the very same thing and are going through motions in order to make it look like they're aggressively attempting to protect their trademark - which as someone else pointed out earlier, they are obligated to do in order to maintain it.
     
  14. Bullfighter

    Bullfighter Two Time F1 World Champ
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    Probably, so what will become of all those unsold new Ferraris sitting on dealers' lots... ;)
     
  15. Bullfighter

    Bullfighter Two Time F1 World Champ
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    They are obligated to maintain it. Standard practice for companies with valuable trademarks.
     
  16. kerrari

    kerrari Two Time F1 World Champ
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    Also wonder if Ferrari SpA knew any of the details of the case or just signed off on a legal bill for 'copyright protection'??? Lawyers will be lawyers...
     
  17. AceMaster

    AceMaster Three Time F1 World Champ

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    If you were the CEO of Ferrari, would you allow this?
     
  18. toggie

    toggie F1 World Champ
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    #18 toggie, Aug 28, 2014
    Last edited: Aug 28, 2014
    It is an interesting question.

    Historically, Ferrari has been concerned mostly with the unauthorized use of:
    - the Cavallino (horse).
    - the Ferrari brand name.
    - the Ferrari font (with the long line over the letters).
    - the Ferrari nose badge (yellow rectangle with Cavallino in it with red-white-green Italian colors on top).
    - the Scuderia Ferrari (SF) badge (usually placed on the front fender).
    - and any replica car that tries to look like one of its models

    In this situation, the only one of the above items that seems to apply is the use of the Ferrari font for the "Purrari" badging on the car.
    The Ferrari font is used to spell "Purrari" on both the chrome logo on the back and in the yellow rectangle logo.

    The only other thing that adds to the situation is the customization was done on a 458 Spider which is still being sold as a new car by Ferrari. I'm not a lawyer, but I think that helps Ferrari with the "causing confusion in the marketplace" aspect of protecting their IP rights.
    .
     
  19. vrsurgeon

    vrsurgeon F1 World Champ
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    I don't understand why there is even any question... Of course Ferrari was right to serve Deadmau5.

    He took a car of theirs.. put some ugly wrap on it. And then changed the logos with a font that is similar to Ferrari's font. So it was a recognizable Ferrari with branding on it that was changed to "Purrari". Notice Ferrari didn't have any problem with it UNTIL he tried to sell it. And he was then selling a product that he rebranded into something else. Clearly creating confusion in the marketplace. Cut and dried.

    Of course they sent him a letter. Why wouldn't they?
     
  20. S Brake

    S Brake F1 World Champ

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    Funny enough, I think Deadmau5 sold this to get a McLaren.
     
  21. 360Tom

    360Tom Formula 3

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    Ferrari should have just bought the car back from him and told him to take a hike. Tell him to go purchase a Tesla or prius and wrap it.
     
  22. blue_myriddn

    blue_myriddn Karting

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    #22 blue_myriddn, Aug 28, 2014
    Last edited by a moderator: Sep 7, 2017
    Funny, that style used to be quite popular ages ago, but I suppose Ferrari really has corned the market on its basic use. Here's an old sign from some 20's fan belts.
    Image Unavailable, Please Login
     
  23. amenasce

    amenasce Three Time F1 World Champ
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    They should have just used their brain and understood there was no malice on Deadmaus's part. He clearly has no intention on starting a Purrari brand. Why feed lawyers when you can just be smart and understand that it starts and ends as a joke?
     
  24. Bullfighter

    Bullfighter Two Time F1 World Champ
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    Because... the next guy who uses Ferrari's font in his automotive branding can just point to the "Purrari" branding and argue that Ferrari doesn't own the long-serifed font. A cease and desist letter is cheap; seeing any part of the Ferrari brand fall into the public domain is costly, from an intellectual property perspective.

    Apple and Coca Cola are equally or maybe more aggressive in enforcing their trademarks.

    Even if no malice is intended and you're just joking around, appropriating some company's trademark is a no-no.
     
  25. Roupin

    Roupin Formula 3

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    But his car doesn't have the F...it just has a looooong P :p
     

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