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

I think you are better off using your time and energy on designing and completing your great truck project than worrying about getting a letter from Ferrari. Maybe some lame Ferrari lawyer will get excited over it and send you a letter in five years. So what?

 

Ferrari are very secure in moving their Cars and goods, but a more casual look-a-like truck may be parked in dodgy areas.

In February this year a Starworks Motorsports transporter was stolen from Pompano Beach, FL.

 

This is not valid in ROW (Rest Of World*) ;o)).




*"ROW" was used by Porsche for model variants for other countries than the U.S.A.

 

The cars are broken and sold in parts, great and easy business. Just recently a gang with headquarter and workshop in The Nederlands was raided.

At least in Europe, beware if you buy normally expensive parts for a moderate price from a private party. In Germany the receiver of a stolen good can be taken to court for criminal reasons, even if the receiver did not have positive knowledge. Several receivers of stolen goods, purchased via a well known internet auction platform, have made this experience. The courts ruled that it is well known that many goods offered on this plattform are stolen and that the low price was a clear indicator for a stolen good.


Cheers, Bernhard

 

With exact replica truck you can be mixed for official support of event you are attending (amateur track day, cars & coffee...). Ferrari can see that as sneaky idea to use your truck in favor of rising value of event you attend.

Someone mentioned fair usage. It should be okay to show your appreciation using logo and some design lines, but also you should put your personal touch to whole thing so it cant be mixed with official design. Ive made quick render for you to see what I have in mind:

http://s9.postimg.org/7ipudojv3/truck_01.jpg

Regarding truck, I would advise you to avoid buying used Iveco truck. I would go with more reliable ones - Mercedes, Scania or Man.

 

Agreed! Sadly, putting the decals on the trailer is just advertising that you might be hauling some very expensive goodies. Knew of 2 different people that put Harley-Davidson logs on their trailers. Within 6 months, one of the trailers was broken into at a motel, and 2 bikes stolen. In the other case, the thieves stole the Harley trailer, no bikes in it, but some very expensive Snap-on tools & other equipment, was lost. In the case of the trailer with tools, to add a financial insult to injury, he had a out of pocket deductible on the trailer, AND, another deductible against the tools coming under his home owner's policy. And of course, then his insurance rates went up because of 2 claims paid out.

 

Based on the linked article, it appears to make it legal for companies to build drive-away, "turn key" cars in low volumes direct from the manufacturer, now, where previously they couldn't.

It doesn't however, give them licence to breach other companies protected intellectual property and trademarks as I read it.

(Not that either seem to matter that much to the kit-car industry!)

 

It's often easier and cheaper to ask forgiveness than to ask permission

 

The only thing protected on the gullwing would be the Mercedes logo and if the person tried to pass it off as a genuine or even a replica of a Mercedes Gullwing. Using the words Mercedes 300SL or any variation of. If they called it a Widget and kept the logos off... nothing could be done. Even if the company was doing it for profit in America.

There is no protection on 50 year old designs that are out of production.

There are no damages and manufacturers have unsuccessfully argues that it "damages the brand" in court and lost in the US. At that point Mercedes could sue you for a car in disrepair for damaging there brand. The rabbit hole goes deep... and the US... as long as there are no current trademark infringment or a set amount of years past the manufacture of the car has past... its pretty much the wild west after that. Its what you call it and what badges that you put on it that are the issue.


This is not to be relied upon as legal advise... consult your own legal counsel before doing anything but...
Now on to the fact of the transporter. For private use you are likely in the clear. You are likely 100% in the clear if you get a licensed ferrari logo and again you are doing it for private use, are not slandering there brand, and you are not doing it for profit, as well as not representing yourself or it as a offical representation of the brand.

Now you can get sued for anything in this country and you have to respond and it can cost 30k dollars just to respond to a frivolous law suit and if you live in a communist republic such as california... and your company is owned by an LLC, you will not be able to defend yourself in court... you will have to hire an attorney. So... pick your battles.

 

This was parked next to me at the track a couple months ago. Guy bought it used, as is. Said he thought about repainting it but decided not to. He was not hauling Ferrari's.
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