customers purchasing from myricambi dot com warning

It’s always a dilemma as to whether or not to reply to some postings or not, sometimes you fan the smoke into a fire, that is not my intent, I feel this time however the posts require at least a simple reply on my part as this seems to get out of hand.

My name is Ian Rattray and to clarify everything I am the owner of My Ricambi L.L.C and its respective website. I think I need to clarify a few details here.

In response to Daniel of Ricambi America, please be assured that any reference to your company name was purely as a result of utilizing the merely explicit word “ricambi” which means in Italian “spare parts”. I, in no way intended to misdirect anyone from your business, I fully respect your company and the trusted clientele you have created, I would hope that I can create a niche customer base with the deserved reputation and following you have so amicably achieved.

We clearly state that we are not associated with Ricambi America and have disclaimers on the website indicating as much (About us and Terms & Conditions).

We are a small operation trying to compete in a niche market, utilizing unique ideas and concepts, not those borrowed from others.

To Mr. Taurino, I can only state the facts, we HAVE not, DO not and WILL not sell any exhausts systems or parts, for which you are exclusive distributor, in the USA market. Any inquiries for the US market have and will be forwarded to an authorized representative.

I am always open for direct communication. So either Daniel or Andrea or whomever, please feel free to PM me or email me directly at [email protected] if you wish to further discuss further any topics raised.

Personally, I am very weary of making blatant statements in open forums that can have, or have legal ramifications; I understand how litigious this can be, but again, if you have a beef against me or my company, I will appreciate for you to contact me directly.

Thank you to all, and I hope this settles that.

Ian Rattray

 

But, you're advertising Capristo Exhausts on your website for referral purposes only?

Really?

 

Did I say that?
Read my post, it is very clear and self explanatory.
Again: "... we HAVE not, DO not and WILL not sell any exhausts systems or parts, for which you are exclusive distributor, in the USA market. Any inquiries for the US market have and will be forwarded to an authorized representative."

The same applies wherever an official distributor is located (UK, India etc...)

We do not have any US pricing, and if you look at our site, as far as Capristo is concerned, we have "Request A Quote" for the simple reasons that we do treat each and every requests very carefully in order not to impede on anyone's territory. So for "someone" to call my "activity" "a fraud" or state mis-leading and unfounded facts about myRicambi.com's ownership, operations or products sold, when he has absolutely no clues on how how I run my business is quite ironic and most certainly defamatory.

Like I said Mr. Taurino is more than welcome to contact me directly if he wants to. I welcome him to do so, and I will certainly entertain his call or email in the utmost civilized manner. It's up to him!

Ian Rattray.

 

Well, if you look at the drop-down menu section that reads "Products - What We Sell", and you click on "Ferrari", for example, then click on "458", again, for example, then click on "Exhaust Systems", you will find Capristo components listed there.

If you don't sell that brand, then why are you putting them under the section which is clearly labeled: "Products - What We Sell."?

I'd say that's deceptive, flat-out.

 

I don't know about the business practices, but the implication from his earlier post is that he sells worldwide, but not into markets with an exclusive arrangement with someone else.

Ultimately, this is at worst a contract dispute between two private parties, and doesn't impact Fchat or most of its users at all.

 

Yep. But here that's not a problem.

Heck, if anything, the myricambi site has more visibility now due to this thread than it had before. The owner should be thanking the OP for the SEO among the desired clientele.

 

Lesson of the day is to trademark your name. Then you won't have this problem of someone adding a letter or two to your brand as a PR boost.

I'm sure if I registered myferrari.com I would be squashed down by a team of lawyers in two minutes.

 

1. Foreign words are assigned their translated meanings by the USPTO.

2. Because the words are descriptive, you could not register a trademark for "spare parts" unless you had convincing evidence that consumers across America primarily associate the commercial meaning of "spare parts" with your business.

3. Since you cannot register "spare parts," "ricambi" would also be denied registration.

4. Further, "America" is geographically descriptive and would be denied registration.

5. You could try and register "Ricambi America" as a combined word mark, while having each word disclaimed individually. It would only be enforceable as a combined mark together... but then again, you can do that anyway since TM rights are based on commercial use and not on the registration. Registration gets you notice and statutory damages.

 

Yes, but "Ferrari" (while a surname) has enough secondary meaning that it's a valid trademark. However, generic words, even in another language, standing alone (read: ricambi = spare parts or parts) generally don't warrant protection.

So Ricambi America, or even MyRicambi, can likely (note the weasel words!) be trademarked, but neither can prevent someone else from using ricambi in a business name or URL.

(I am not yet a lawyer, and this is all simplified, but it's close).

 

You type too slow.

 

I had to add the disclaimer

 

I repeat......

So are they selling counterfeits? Made in China maybe?

 

Do they not have to remove the Capristo brand in its entirety from their site as well? Or just the pricing?

 

In that case, you are a patient individual. If it was me, I would issue one warning...and if no response or result after that warning then I would come down, hard, with the hammer.

 

No further comments!

 

I would say 'No further comments' is a comment that speaks volumes.

 

Quite clear.

 

Rob, I believe, is asking the $99 question. Correct me if I am wrong folks...

Andrea is a dealer/distributor, has the US rights to Capristo but is NOT the manufacturer nor owner of Capristo out of Germany.

Ian (dealer/distributor?) is saying he can sell Capristo anywhere overseas....just NOT in the US market.

My guess is the "cease and desist" order has to come from Capristo-Germany as owner of the company that authorizes dealer/distributors, for Ian to stop selling worldwide.

FYI---I don't know either of these gentleman...just my 2 cent thought which might be worth nothing