Chinetti Sues Ferrari

You have a point here. I am sure there is some reasoning behind it all

 

http://www.scribd (dot) com/doc/101071607/Ferrari-Reply

 

thanks! Makes for interesting reading.

I can't see how Chinetti's claims could ever be rewarded. It is nothing short of utterly ridiculous.

 

Either Ferrari really did a "pick and choose" on the points they responded to and thereby missed some significant items by Chinetti or the Chinetti suit is just seriously flawed. Certainly the Ferrari response paints a picture that they believe they can get this dismissed very quickly.

When a portion of the suit is based around 3 cars and one of them has already been sold it makes some of the logic of hindered saleability a little harder to assert.

Jeff

 

I am a lawyer over here in the Netherlands, not at all familiar with US law and procedures (watching Boston Legal didn't get me any further), but the facts Ferrari are reacting to seem pretty much coherent with what the press is saying about the case. Especially 'count 3' makes me wonder. Is he really claiming Ferrari should pay damages because he sold the car for less money then if that same car was Classiche certified (if the car would indeed receive a certification once offered to Classiche for inspection)?

Then don't sell the car or sell it to someone who doesn't care about a Classiche certification. It is not very uncommon for people in the (Ferrari-)know to not care about Classiche certification. This thread alone is testament to that. and furthermore, what Chinetti is experiencing, ís the free market. The market is free for Ferrari to offer their services in authenticating a car and the market is free for potential buyers to put a value on a Classiche certification.

 

I missed a few of these post previously and wanted to reply:

Thank you for explaining this.

Wouldn't this be alot like taking a Lotus Exige and adding a different power train and calling it something like " Venom " - Is it still a Lotus or has it become something different?
From what I understand the car is still titled as a Lotus... but Lotus would never stand behind the car for what are to me, obvious reasons.

For a car to be Classiche'd , it only has to be correct. I have not found anywhere that states you must purchase the part(s) FROM Ferrari. They must be LKQ. In order for them to be LKQ, one must refer to the build sheets.

This is also correct. Classiche does not state that a car cannot have been in an accident. They just want to document who did the work and that LKQ parts and materials were used. Ferrari does not have to have been the one to perform the work. Stuart's Paint and Body here in DFW does excellent work and many Ferrari's have been shown and win. Including cars that have been Classiche'd

I am still looking. I have not found anything that lists different types of Certificates. Will you help me , maybe lead me to where you first heard about it? What I can find is that in the end of the book, there are pages where upgrades, racing history, and other historical points may be documented. Thank you in advance for your help.

It does not have to have the original engine, it has to have a LKQ engine. And documentation of when / where / maybe why? If you said the Dino had a Fiero V6... THEN I would be concerned... LoL

The same price as listed, there isn't a premium that I can find. Having records explaining the why behind the replacement helps too. That is part of what the Classiche department researches on your behalf, for the fee.

What parts would they not sell to you? You know, if you still want or need, I am sure we can help get what you want. Unless for some reason the VIN is blocked? Even then, I am happy to help.

Why won't the Dealership you purchased the F430 Scuderia from help you out?

LMK if we can help,

I'm not sure what car you are referring to, but I am interested to look into it, since you brought it up. To answer your question, whichever party can prove their case, that's the one I would tend to agree with. If the car matches up to the specs on the build sheets and all documentation is present.. I would lean that way. If MM has the same documentation showing it does not... well... I would have a headache..

Please link me to the car you are referring to, so I can learn more about the situation
( I'm assumiung it to be a real situation )

The manufacturer isn't certifing the race car, they would certifiy what and how it left the factory. I wouldn't want to put it back to stock.. I'd document that points that can be checked off and then in the end of the form, document everything possible of its upgrades and relavant race history.

I know, reading back though, I can see what could have been implied. LoL

I couldn't imagine Ferrari SpA running FCA... that would take the balance out of it all...

S

 

Why do I get the feeling that this is a "FACTORY" based question for a HIGH PROFILE vehicle?

 

Thank youffor the direction, I'll spend some time reading now.

We've run into that before when we tried to Source an engine... we were blocked from selling it without a VIN ( and the VIN had to match ) etc... for another well known builder / tuner.

Good Luck in your racing ventures,

Will you be out for the F1 race here in November?

S

 

Oh really? Hmm... yet another point I need to follow up on tomorrow.

The engine we were being asked for was not going in a Ferrari Per Se.. kinda a different situation. If a challenge car needed an engine, I don't see any reason why we wouldn't be able to help..

This makes no sense,

S

 

The first car I believe to receive this "type 2" ceritifcate was the Breadvan. I think it's called something like car of special interest/importance. It's been modified (heavily) after it left the factory gates but is recognized by the factory anyway, hence the special certification. Another example I believe is the 308 GT/M. Oh, and the binder is white, not red.

 

1st car, 308 GT/M, white binder

 

Is this the original complaint?

If so, all it says is that Chinetti is the rightful owner of a certain 166 F-2 car that won at Le Mans; Chinetti has paid estate taxes even though it remains in Ferrari's possession. Chinetti has no recourse and asks that the court order Ferrari to return it.

Unless I missed another suit in the same jurisdiction, there's nothing about suing to cancel a trademark, and nothing about the classiche program.

If there is a new complaint, will someone please post it?

Matt
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Btw you know that there are rumors that the horse of Ferrari came from Stuttgart all the while. According to Mr Yates in his book, the pilot Barraca actually shot down a German plane and took over the horse Emblem. I guess we will never know the true story behind the emblem of Ferrari....

 

Barraca's horse had the tail downwards, so I guess there's no truth in that Porsche story.

 

If true it only enhances the mystique.

 

Like this
Nathan
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