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

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

Discussion in 'Ferrari Discussion (not model specific)' started by treedee3d, Apr 7, 2016.

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  1. treedee3d

    treedee3d F1 Rookie

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    #1 treedee3d, Apr 7, 2016
    Last edited by a moderator: Sep 7, 2017
    I am considering buying a truck. Mostly to ship my cars and other personal use (There will be zero commercial activity or transport done with this vehicle and it will not bring in any income whatsoever). I can bring it to some car gathering events just to transport stuff (BBQs, food, chairs, tables, etc...along with the car)

    The truck I looked at and am considering is a used truck and it needs to be spruced up cosmetically so being a Ferrari fanatic, I as thinking of turning into a replica of a real Ferrari truck like in the photo below (altough mine would be smaller).

    Some people seem to think I may get into a legal snag but I disagree.

    Similar to someone building a Ferrari kit car for personal use, I doubt Ferrari will come after you unless you're making them and selling them commercially.

    If I buy a truck, paint it red and put some Ferrari stickers on it, how is that different than buying a Ferrari sticker and sticking it on a green honda accord?

    I figured, at worst I could get a "cease and desist" but on what grounds? Would a cease & Desist even be valid?

    The way I see it, it's a replica and it's used for fun. What do you guys think?
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  2. Rifledriver

    Rifledriver Three Time F1 World Champ

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    Can't use any logos on it.

    You are entitled to an opinion but that doesn't make it so. Ferrari's lawyers will put a stop to it.
     
  3. msdesignltd

    msdesignltd Two Time F1 World Champ
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    I think the Opposite..
    Your personal vehicle can be decorated as you desire..
     
  4. JasonMiller

    JasonMiller F1 Rookie
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    Agreed,

    I think its cool, I see people with enclosed trailers with large Ferrari stickers on them, same thing in my opinion..

    Of course dont try to pass this off as a ferrari dealer truck or something like that.
     
  5. gt4me

    gt4me F1 Veteran

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    Your not trying to say it "is" a Ferrari, your just decorating it. You could buy the stickers from Ferrari themselves, your entitled to put them wherever you want on your own property.
     
  6. SAFE4NOW

    SAFE4NOW F1 Veteran
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    I think the question you should be asking yourself is not can you get away with it, rather, what company will you get that will create the replica graphics you are wanting to use.

    I can confirm that I have several clients with personal transports that use Ferrari decals, logos, shields, etc with zero problem.

    I am pretty sure all of them went through us ( Dealer ) and we used the same wrap company that does our challenge cars, so that may have helped.

    You should ask around and let us know if you find a vendor to do it.

    S

    p.s. I can ask FNA if you want, off the record. PM me.
     
  7. treedee3d

    treedee3d F1 Rookie

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    Finding a vendor to do it is not a problem (I already have 4 quotes). Some of these companies wrap Carry trucks for people in the Challenge series.

    I've been to some Challenge races and lots of trucks have images of Ferraris, prancing horses and shields on them that are not affiliated to Ferrari in any way, just rich people practicing a "rich" sport. I can't imagine all of them have written permission from Ferrari to use those graphics. Am I wrong?
     
  8. treedee3d

    treedee3d F1 Rookie

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    No thanks, I don't want to wake up the bear, just wondering what my fchat buddies think. I hesitated before posting because I'm now basically "announcing it to the world" but I'm fairly confident there will be no repercussions from putting a sticker on a private vehicle.

    But I do need something else from FNA, I'll PM you about it, maybe you can help me out.

    Thanks
     
  9. SonomaRik

    SonomaRik F1 Veteran

    #9 SonomaRik, Apr 7, 2016
    Last edited: Apr 7, 2016
    I think the problem you'll have is in your own words and has been tried before and been met with litigation "Replica of a Ferrari [insert object name here]"

    I agree you can decorate as long as one isn't trying to pass it off as an 'original' and/or close proximity, which you almost allude.

    They protect their logo whenever possible, and may run into issues...but, they'll need to find you first.

    At the very least, the "cease and desist" would most likely be the copyright infringement and not just talking the shield or Ferrari scripting but even the composition of that particular display.

    Seems you are trying to pass this off as an almost original and/or 'link' to official Ferrari.

    painting in red, with different type of Cavallino and scripting might fly.
     
  10. mello

    mello F1 Veteran
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    I would do it. How bad can it be? Worse case is Ferrari will make you remove the logos and any wordings of "Ferrari".
     
  11. treedee3d

    treedee3d F1 Rookie

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    Ferrari have sold and auctioned off vehicles themselves. Here are a couple of examples:

    Schumacher's motorhome:

    Schumacher's Scuderia Ferrari Motorhome up for sale

    Here is another motorhome used by Schumi as well as Alonso-Massa and the team:

    https://www.motorsportauctions.com/category/342/Transporters/listings/33568/Ferrari-F1-Race-Trailer-for-sale.html

    So once someone buys it from Ferrari, I assume they own it with the actual logos don't they? So it's ok for a private owner to have a custom motorhome with a Ferrari sticker on it as long as they bought it from Ferrari and no one else?
     
  12. treedee3d

    treedee3d F1 Rookie

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    Maybe I could swap some letters and spell it Scuredia Ferarri? LOL
     
  13. SonomaRik

    SonomaRik F1 Veteran

    #13 SonomaRik, Apr 7, 2016
    Last edited by a moderator: Sep 7, 2017
    Ferrari sells cars and other items too, and yes, it would be ok, as for 'changing' something try this
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  14. zudnic

    zudnic Formula 3

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    You'd have to ask a lawyer. In both Canada and the USA have something called fair use. Its how independent repair shops use logos of the manufactures they repair. Believe their is some restrictions in how you can display other companies logos. Just do some research on fair use. Personally I don't see a problem with your planned use.
     
  15. fatbillybob

    fatbillybob Two Time F1 World Champ
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    I don't see any advantage to having "theft target" all over your truck. In the many years I have been racing the Porsche guys seem to get ripped off the most. I wonder why?
     
  16. cmt6891

    cmt6891 Formula 3

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    Personal use should be no issue. Call it a one off piece of artwork and you are good.
     
  17. treedee3d

    treedee3d F1 Rookie

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    It would always be with me and stored indoors when not in use so I'm not too worried about that but it's a very valid point indeed.
     
  18. opencollector

    opencollector Formula Junior

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    I can imagine several ways Ferrari could give you a hard time if they wanted. Why not avoid the problem entirely, do something creative, and uphold the spirit of trademark law (i.e. not to mislead the public) by driving a red truck with your own logo on the side? Even if the overall look was similar I doubt they'd come after you for trade dress.
     
  19. treedee3d

    treedee3d F1 Rookie

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    Sure that could be done but you'd remove all the fun out of it...
     
  20. SVCalifornia

    SVCalifornia F1 Rookie
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    Or satire which is protected.

    However it isn't the actual harm. It is that they can go after anyone and it causes you to pay to defend. And most folks can't afford to defend.

    Mostly, if you aren't taking something from them or profiting from it, then they will let fans do what they want.... If you do any of the above, you stand a good chance of hearing from them...

    SV
     
  21. Jack-the-lad

    Jack-the-lad Seven Time F1 World Champ
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    I agree. It is not for commercial use and the owner is not attempting to title or sell it as a Ferrari. That doesn't mean Ferrari might not try, but I don't think there should be a problem.
     
  22. msdesignltd

    msdesignltd Two Time F1 World Champ
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    #22 msdesignltd, Apr 7, 2016
    Last edited by a moderator: Sep 7, 2017
  23. texasmr2

    texasmr2 Two Time F1 World Champ
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    I would put my own spin on the carrier applying Rossa Red and some of those prancing donkey stickers and christen her Scuderia Volaré.
     
  24. 4rePhill

    4rePhill F1 Veteran

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    Basically - Yes!

    As Ferrari originally authorised those vehicles to be fitted with their legally owned trademarks, it's not an issue.

    To the letter of the Law, using their trademarks on a vehicle without their permission could cause problems if they could be arsed to deal with it (which is highly unlikely to happen but you never know!).
     
  25. mello

    mello F1 Veteran
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    #25 mello, Apr 8, 2016
    Last edited by a moderator: Sep 7, 2017

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