Daniel Help, Cannot Access Ricambi Parts Catalogs

"Rumors of my death are greatly exaggerated." Mark Twain...Jacques

 

What did you all say when they threatened to shut down T Rutland in 99 or so? They even went to his business and told him face to face it was too bad they were going to have to do it. This is nothing new. The world is not ending and Ferrari is just doing the same old thing. They are not alone either. Mercedes, Porsche, BMW even Ford does it. Why do you think none of my company literature or (the few times I have ever run one) ads have no Ferrari logos of any kind? I have a great big Ferrari sign IN my shop. It's inside because I know very well if it was outside I would be getting a nasty letter from Ferrari.

Nothing new, nothing to see, no hand wringing required. Just another company protecting their property. If they do not do it here it sets a precedent, then they cannot enforce it when some guy really does it for economic advantage.

 

Did FerrariChat exist in '99? How would we have complained back then if it didn't? The horror! Thank Allah for the blossoming (rotting) of the internet age!

I wouldn't know. I was too busy back then trying to keep my Alfa 164S on the road....and let me tell you folks that was a full time job.

 

I understand all that and am happy Daniel is going on about his business but I am pointing out that to all of us in the Ferrari business, Daniel included, this is just another day in Paradise. It is what we deal with every single day, day in, day out. This just happened to be visable to you guys. Hell, I've had FNA threaten me via my lawyer for things I have said here.


Thugs

 

"Free speech" anyone?

I'm assuming you told your lawyer to tell 'em where to go?

I'm also assuming they've never done more than their attempts at thuggery? - Surely they haven't got anything they can "get you" for as an independent?

Incidentally, is this nausea a recent thing, or has it always been this way? Maybe we hear about it more given the internet etc?

I can understand their need to protect their IP blah-blah, but coming after you for speaking your mind (!) seems way over the top.

Cheers,
Ian

 

I did not state that no harm had been caused. I did not state that an amicable solution had been achieved. I stated that we are open for business, and continued to source and sell genuine Ferrari parts, and service our customers to the best of our abilities on an uneven playing field.

I have been advised to not post here. If people have direct questions, contact me directly. But please, don't interpret my posts for anything other than the word-for-word message I have submitted here.

.

 

I'm guessing they just LOVE your "FNA SUCKS" jpeg.

 

I thought the jpeg was really funny. I made it my avatar until a lawyer friend suggested I change it to avoid any future trouble.

 

WOW.....I don't claim to know much about the business world, but how can they threaten "freedom of speech" for crying out loud. I am amazed, truly am......I suppose if you were a dealer representing their product, but simply a repair facility? I don't get it.....

 

It's the Ferrari we all know and love.


Gives you a warm wet feeling, don't it?


Leaving the dealers was very much like not hitting myself in the head with a hammer anymore.


It's like being on vacation compared to being under their thumb.

 

With respect to Ferrari's intellectual property claims to their older parts books, manuals, and wiring diagrams, I doubt their claims are as straightforward as FNA and S.p.A. might claim or believe. For example, I looked through all of my books for my Dino and there isn't a copyright notice or similar marking on them. Many (if not all) of these materials have had reproductions available for many years, and Ferrari has expressed very little or no interest in trying to enforce a claim (unlike what it did with the companies producing Daytona clones as used on Miami Vice) until very recently. In the U.S. a copyright marking and registration does not by itself make something automatically protected, but it does establish at least a prima facie claim. OTH, even with a copyright marking/registration, the failure to enforce for long periods of time will lead to loss of copyright protection (similar to a theory of laches or a statute of limitations). In the case of the older Ferrari materials, I think that Ferrari will have problems trying to enforce a copyright interest in those materials that have been reproduced everywhere over the last 10 years or longer.


Mark

 

Just ordered something from Ricambi yesterday - hope that helps in even just the tiniest of fractions. Wishing them best of luck.

DD

 

1. You don't need a copy right mark to have copy right protection.
2. Even if they lose, it would take years and a million dollars of lawyer fee. Who would have that as a small business?

 

Good News.

The parts catalogue is back up on Ricambi.

 

Daniel, I've been away for a few days and just had a chance to go through this thread.

Like everybody else stated here, you have been very helpful and a great asset here.

I would like to offer my support in any way (I know you cannot respond or post here).

 

I hadn't intended to post an exegesis about the possibility that Ferrari was relying upon a rather hoary and hazy legal theory to intimidate small businesses with regard to its older (and some would argue, "ancient") materials. I just simply wanted to note that there may be some defenses to Ferrari's intellectual property claims, at least with respect to their older materials. As I stated, having a copyright mark does establish at least a prima facie basis for a potential claim, but I also stated that EVEN if you have a copyright mark, you do not automatically have protection if you fail to enforce for long periods of time. Obviously, legal fees are a separate matter to be negotiated between clients and attorneys.

 

+1......

 

Excellent! I may be speaking too soon, but hopefully it stays that way!

 

I am having problems finding images on Ricambi, and the links to V6 and V8 parts don't seem to be working. Is anyone else having these problems?

Mark

 

No problem. Works like before for me.

 

I am late to this thread and apoligize if this point has been covered.

How come NAPA can sell Ford altenators whitout being hasseled by Ford? Is there a general restraint of trade law?

Harley has their own label spark plugs, oil filters etc but the interchange with Champion et al is readily available on the internet, and HD( who is very protective of their logos) is not
hasseling sparkplugs.com or Fram

 

Looks like Daniel's site is fully functional again - that's great.

Regardless, Ferrari's intellectual property nazis stink. Bottom line is that it's about maintaining exclusivity around a brand for one purpose - to extort an above-market price and maximize market share. In other words, it's all about dollars. More dollars in Ferrari's pocket, and less in yours (or Ricambi/Rutland/etc.).

Ferrari's current new products have the stink of over commercialization all over them. The focus is all about branding and pushing more product at the highest price point possible. It's called "market based pricing" - and the trick is to control the market so as to be able to manipulate pricing. Trademark and copyright games propegated by IP attorneys are just a means to control the market. The little foot soldiers dressed in fancy suits puff their chests and bang on the IP drum as if they're engaged in something meaningful or important. Go get a life for god's sakes.

The customer, and the ferrari community (at least the ones not writing a new-car check) at large are a distant second in the whole picture. You get the gold treatment if it looks like you're a qualified new car buyer walking into dealership, otherwise you get treated like a bum in all other respects.

One thing's for sure, the Chinese will be ripping off the logo and building parts pretty soon - and Ferrari isn't getting in there and changing that, even with mafia tactics.