Can I have a replica of a Ferrari Truck without getting in trouble?

Pure genius.

 

Ferrari Challenge, actually requires the branding of the transporters, so they are Ferrari approved. Challenge has some requirements, but in the end the design is up to the drive/ team.

If you have a company that is willing to do it for you, then I would run with it, should be cool!

S

 

Ferrari are a strange company at times! - They will happily chase after someone for daring to put a Ferrari badge on something, and completely ignore a kit-car company making money by selling cars that rip off Ferrari designs and carry the Ferrari badges.

I don't think a truck replica would be a problem - But there again, with Ferrari you just never know!

 

I would have thought a Corleone badge should look more like this:
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Steer clear of "passing off" as any form of official Ferrari endorsement or association, or any commercial income from it and it's well and truly just personal taste graphics, as per million examples could be found, and no-one else's business I would have thought!

 

Intriguing thread, but I'm curious.

Why not contact Ferrari directly, and explain what you'd like to do?

They will tell you, clearly, if it will or will not cause problems.

Pretty simple, really.

 

A colleague of mine has recreated similar logos etc and tells me confidently that he simply cannot be prosecuted because all of his are fully hand painted by him.

I do not share his confidence.

 

If he's selling said work I'd definitely agree with you. Ferrari (& I suspect others?) get pissed if you're not 'licensed' to do so.

Cheers,
Ian

 

A person being so wealthy to participate in the Ferrari challenge AND to have a garage, into which the truck (!) fits additionally (it was stated that the truck is garaged when not in use), would presumably not worry about the absolute silly "peanuts" related with receiving a simple cease and desist letter ... . So I assume that this is "a matter of principle" .

Cheers, Bernhard

P.S. You might want to observe that in the US, aside Federal Law, State Law must be considered in addition ....

 

Do you have your CDL yet?

 

I've purchased some here. No problem, anyone can draw a picture of whatever. Even my favorite wall sculpture is I think ok from that perspective - it's not 'trying' to 'be' anything but a piece of art.

I think where they get pissed is if someone/thing is trying (albeit unintentionally) to pass itself off as 'original'.

Cheers,
Ian
Damn photo rotated itself, sorry!
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So how does one obtain a license to use the logo for commercial purposes? I have an idea to market something preferably with the logo incorporated.

Also, what if you didn't have the logo but the piece distinctly resembled a Ferrari, say, a model car for instance?

 

This is not a legal opinion at all, and you should not rely on it as such. But employing logic here consider the following:

Ferrari licenses, sells, and profits from selling self-adhesive decals, flags, banners, etc. They undoubtedly have every expectation that buyers will affix self-adhesive decals to windows, garage walls, cars, trucks, bicycles, tool boxes, flower pots, campers, etc. So buy one of their own decals and put it on your truck.
Want a real laugh? Embrace the thought that the truck depicted is not a Ferrari product in any way. How about a shareholders' action to prevent Ferrari itself from devaluing their Ferrari stock by representing a truck as a Ferrari product?

 

Do Ferrari sell the trademark protected decals to the public in the exact same size as they use on their own trucks?

If the answer is no, then you can't have bought a Ferrari licensed decal - Therefore the Law has already been broken.

Yes you can argue that as the customer, not the manufacturer, you personally have not breached the Law regarding the trademark, but you are still using an illegal, unlicensed decal which will be covered by the trademark Laws.

Your logic is flawed due to the fact that one is claiming the truck itself to be a Ferrari product (not even Ferrari!) - The issue is the legality of using a Ferrari registered trademark on a truck, and in doing so, replicating the exact look of one of their trucks.

If you were to try to accuse Ferrari of "devaluing their Ferrari stock by representing a truck as a Ferrari product", they would straight away accuse you of devaluing Ferrari stock by not paying for a license to use their registered trademark, possibly depriving the company of revenue!

I'm pretty sure I can guess who's side the shareholders would support - They'd be the ones with the Legal right to use the trademark!

 

In Europe it would depend on whether the trademark (the "cavallino" is a registered trademark, aside being famous anyway and possessing trademark protection for other goods and services than claimed in the trademark as well) is reproduced and used privately or commercially.

If you paint the logo onto an object privately (you do it yourself or your wife does it) and if the object is then used privately only, then a trademark infringement will likely be ruled out. Use or selling the object at a later juncture might nevertheless lead to problems, depending on the details. If you e.g. are a professional in the trade and claim to use/sell the truck privately - even if true - this might be nevertheless considered an infringement.

If you order and pay for a decal with the trademark, then at least the manufacturer of the decal will likely be a trademark infringer, since he had reproduced the trademark commercially, irrespective of whether you use the object with the decal privately or commercially. If you use the object with the decal commercially (if, for example, you transport another persons car for a "compensation" of whatever kind), then you will likely be infringing the trademark as well, aside this, see above.

This is an incomplete explanation ... .

Cheers, Bernhard

 

Depending on how authentic the Truck will look like, there is a danger of thieves mistaking it for the real thing and hijacking / stealing it.

 

have there been any real ones stolen?
are real ones more likely to be hijacked than enthusiast-owned exotic car transports?
is hijacking a real danger when transporting exotic/race cars?

 

Mercedes, not too long ago, (legally) seized and immediately crushed (this event exceptionally open for public) a gullwing fake (a replica would be a copy of an old car made by Mercedes themselves). Presumably no "letters" exchanged previously ... Merc destroys 300SL gullwing replica | Top Gear

This was not even a trademark issue by the way (no Mercedes trademarks used on the fake as to my knowledge), but of copyright.

Cheers, Bernhard

 

Go for it, that is cool as sh*t - let them find you

 

idiotic to steal exotic

axiom I believe

 

OP, you will be fine. If you are super paranoid, have anything with Ferrari or their logos be made up in large vinyl sheets. Any sign maker or wrap company can make them up for cheap. If you get a C&D letter and dont want to fight it, pull off the Ferrari logos.
Slapping some big stickers on your rig is no different than an independent repair shop putting up signs at their place of business.

Google 'independent ferrari repair' then click on images. Try to find an independent shop WITHOUT a Ferrari sign, banner or shield.

BJJ, RE kit cars and crushing, There was a law passed last Dec that gave the green light to kit car manufactures if they meet emissions, produce fewer than 325 cars a year and the design is over 25 years old.

http://jalopnik.com/this-new-law-just-made-kit-cars-a-lot-more-appealing-1747590689