Ferrrari vs. Philipp Plein

It is PP's car, and he can do whatever he likes with it or have anyone he wants wash it. He can certainly post pics on instagram of bikini girls with beer standing next to the car.

However, he cannot use Cavallino imagery and Ferrari branding to commercially promote his shoes and other products. Which is what he's doing, and PP knows he is doing it.

 

I think these days, the definition of a “brand”is getting murky. It doesn’t have to be a product. An individual can be a brand now eg Kardashian or any number of social media stars. If posting a picture with an object is a brand alignment conflict, it’s foreseeable that at some point, we will all need to get permission from the manufacturer to just take a picture with our own property.
Would Ferrari object to Trump, Lebron, Colin kaepernick, OJ, Lance Armstrong, or some other person of questionable repute, posting pictures with their vehicles to flaunt their success? If that happens, Ferrari may as well close their doors, as Lamborghini world gladly take these customers and their free publicity, off their hands.

On another note, I’m a really lousy guitarist. Does that mean Gibson guitars will prevent me from posting pics of me and my beloved Les Pauls at gigs where I get paid a negligible amount because I’m a poor representative of their products?

it’s a slippery slope. Which is why I think Ferrari can pound sand. At no point does Phillip say Ferrari endorses their brand. They don’t have to get permission from the manufacturer of the bikinis the girls are wearing, nor any other item in the vid. At most, Ferrari *may* be able to force them to blur the cavallino or any other trademark, but the cars are fair game, Personally, these bully tactics are why I will never buy a new Ferrari, or a product from an organization that behaves similarly.

The times are changing. Using parameters like “commercial use” is an outdated means to determine fair use.

 

I never heard if the donut till now! I want to find the photos of the girls though, any links?

 

You'll probably stop buying a lot of products then. You must have missed the posting where Lamborghini/Porsche sent legal notices to photographers telling them to stop selling prints/calendars of customers cars who had given permission for the photographers to sell them.

You ever notice that when athletes do commercials with a product that their team jersey is never displayed in the ad? The sponsor has to get permission from the NBA/NFL/MLB, etc. and pay for the use of those logos.

It's pretty simple really; if you want to use something to directly/indirectly endorse a product or use it for commercial purposes then you have to pay, or not use it at all.

A different type of thing but along similar lines of the mini controversy during the 1992 summer olympics:


The sponsor conflict was predictable, of course — everyone knew that Nike sponsored Jordan and Barkley and that there were other sponsorship conflicts among Dream Team members. And everyone assumed, correctly, that the Dream Team would top the medal stand. According to the Baltimore Sun, USA Basketball and the USOC spent two years negotiating, trying to find a solution, but came up empty. Ultimately, Jordan came up with the solution — he, Barkley, and Magic Johnson (a Converse endorser) draped American flags over their shoulders, obscuring the Reebok logo. Because there were only three flags available for some reason, the other members unzipped their jackets far enough such that their lapels covered up the Reebok name. Pictured below, for further example, are John Stockton, Chris Mullen, and the aforementioned Barkley, doing just that.

 

I think you’re confusing logos and trademarks with products themselves,
Othewise, all celebs will be naked in promotional pics. I’d be surprised if every promo pic taken had permission from their pants manufacturer (if trademarks aren not visible), for example. So as I said, if the logos are blurred, the cars themselves are fair game, IMO.

As for the Lamborghini/Porsche calendar story, yup I missed it. What did a JUDGE determine? Anyone with a retainer can send out letters, doesn’t mean there’s a legal obligation to comply, its merely a threat/warning of possible litigation, in which the accuser could lose.

 

PP (and others) should simply change-out all of the logos for that of Deadmau5. I don't think Zimmerman would even charge them, after his own dealings with ferrari's thugs.

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I saw the news while scrolling through google, and remembered

"wait... I'm on a ferrari forum. Let's see what they have to say."

I can't support an issue with putting half naked women on my car in less or no clothes. That wouldn't be morally correct.

So, I'm with Plein on this one.

I also don't see the issue with painting your car green. The car is already pricey, so why not.

People with money pour champagne on their women every now and then. Live with it.

 

You nailed it guys! Philip Plein looks to me like some tasteless ****ty overpriced stuff for posers and playboys. After wachting his videos on social media I would sue him for character assassination if I would be Ferrari!

 

This warp looks really gay.

 

The key issue (hence legal foundation of a potential lawsuit) is that both the shoes and his 812 own wrap are the same color. It does allow the general public to make reasonable assumptions that both brands may be in some kind of collaboration. Given Ferrari is the number one recognized brand in the world (https://brandfinance.com/news/ferrari--the-worlds-most-powerful-brand/), they are in the reasonable position to assume their brand assets are being exploited by the relatively unknown designer.

However, when it comes to the purrari situation, it is entirely different, because no obvious financial gain can be argued for the owner of the cat car.

 

Exactly.

If Billy Joe Jim Bob created a website to promote his bath-tub gin and featured Coca Cola in the pictures, there would surely be a response from the folks in Atlanta.

 

Probably not since rum and coke has been in the public domain for decades. Perhaps if there was a direct implication that Coke endorses a specific brand as opposed to as a mixing ingredient.
Edit: after a quick google search, Coke has joined forces with Bacardi twice in advertising but currently doesn’t endorse any specific rum.

 

Ferrari Threatens Owner Over Lavish Lifestyle

 

Ha! Now truth or not he is exploiting the C&D for more publicity.