Dealer Using Unauthorised P 4/5 Image

Very strange. I'm not even familiar with this dealership, looks like a mostly internet based one. Hope all is well with you and your family however!

 

His signature image on the site of a car he will never be able to have for sale seems ironic.

What can you do?

What's it worth to pursue?

I suppose you could make the argument that even one pissed off customer (what internet car-jockey doesn't have one of those) will reflect poorly on you and your car.

 

Oh, they have balls, do they?

Crush their balls, 'Napolis!
_________

whois:

Domain Name.......... chicagomotorcars.com
Creation Date........ 2004-07-20
Registration Date.... 2004-07-20
Expiry Date.......... 2008-07-20
Organisation Name.... PARIN SHAH
Organisation Address. 227 west grandlake
Organisation Address.
Organisation Address. west chicago
Organisation Address. 60185
Organisation Address. IL
Organisation Address. UNITED STATES

Admin Name........... PARIN SHAH
Admin Address........ 227 west grandlake
Admin Address........
Admin Address........ west chicago
Admin Address........ 60185
Admin Address........ IL
Admin Address........ UNITED STATES
Admin Email.......... [email protected]
Admin Phone.......... +1.6303336266
Admin Fax............

Tech Name............ YahooDomains TechContact
Tech Address......... 701 First Ave.
Tech Address.........
Tech Address......... Sunnyvale
Tech Address......... 94089
Tech Address......... CA
Tech Address......... UNITED STATES
Tech Email........... [email protected]
Tech Phone........... +1.6198813096
Tech Fax.............
Name Server.......... yns1.yahoo.com
Name Server.......... yns2.yahoo.com

 

Forget the dealership--use the web info and threaten them. It happened to us when someone cloned our website. No response from the offender, but one day after contacting the web host it was gone. And we're a small nobody ocmpany. Too many internet $hitheads out there these days with no concern for legalities, but the real companies have to mind their P's and Q's. Fire a shot across their bow and see what happens.

 

Napolis,
I wouldn't bother leaning on the

The actual infringing flash animation of your car isn't hosted on http://www.chicagomotorcars.com/

It's actually here:
http://images1.ecarlist.com/sites/chicago/images/banner_home.swf

ecarlist is selling software to manage online listing on dealer inventory, and hosting customer sites. I'd suspect they have more to lose so they likely would respond quicker to you.

Ecarlist
8150 N Central Expy
Dallas, TX 75206 map
district: Dallas
Tel. +1 214.739.6200

Corporate Headquarters
ecarlist
6310 Lemmon Ave, Suite 150
Dallas, TX 75209
Product Inquiries
ecarlist Inquiries
To inquiry by phone, call (800) 747-2983.

Domain Name: ECARLIST.COM
Registrar: GODADDY.COM, INC.
Whois Server: whois.godaddy.com
Referral URL: http://registrar.godaddy.com
Name Server: NS.CIHOST.COM
Name Server: NS2.CIHOST.COM
Status: clientDeleteProhibited
Status: clientRenewProhibited
Status: clientTransferProhibited
Status: clientUpdateProhibited
Updated Date: 03-oct-2007
Creation Date: 15-nov-2004
Expiration Date: 15-nov-2016


As they are under Godaddy.com a call to them might help if ecarlist refuses to remove the animation.

Best of luck,
Chelle

 

Chelle, you just rock, nice work!

 

My bet it that they outsourced the web work to some foreign developer who just slapped the site together using web images.


.

 

You're quite welcome Jim,
The people at the dealership are likely salespeople with no real understanding of their site. The flash animation in the banner is same style as the site hosting them (ecarlist). In all likelihood the host created and manages their online presence. I examined the banner file and extracted the images looking for the creator of the animation's name, but flash isn't really something I work with much. Sorry I wasn't able to ID the flash programmer, maybe someone here knows how.
Stackhouse, you're probably correct on the outsourcing - looking at the sourcecode for the animation there was a lot of what I assume are Japanese characters.
Thanx Tex

 

Funny,
I was poking around a little more and ecarlist is touting an image of your car as one of their "Premium Projects" here: http://www.ecarlist.com/examples.php

"Below you'll find a few of our premium web solutions that were tailored to meet the needs of the dealer looking to improve their 'wow' factor."
IANAL, but it should be easy to make the case, from their own words that both the host and the dealer are profiting from images of your car without consent Napolis

 

I am in the hosting business and can say definitely complain to the hosting company. Not sure if a DMCA takedown notice is required but could be legit in this case.

Best,
dsd

 

Web site is up but links to inventory and past sales are dead.

 

I run an online business. Email their host or DMCA them. That will do the trick. Refusing to take it down content they do not own the rights to and being based in the US don't mix well. Especially when you have money, which they do considering their inventory.

 

go get em....


nice work Chelle!

 

Jim, you could always keep taking them to court. I'm pretty confident they'll run out of legal defense funds before you would.

On a serious note, a few of the respected members on F-Chat have good relationships with this guy; maybe they can talk some sense into him and get him to take it down before you make him look like a complete fool.

 

Their banner is now changed to a red spider
New flash animation was uploaded about 45 minutes ago

banner_home.swf 13-Jun-2008 12:12 1.0M
banner_static.swf 13-Jun-2008 12:12 125k

 

But what about the deposit I gave them for the P4/5??

 

Napolis, out of curiosity, who owns the rights to the design of the P4/5? Since it is a one-off, do you own the intellectual property rights, or did those stay with Ferrari, Pininfarina, etc.

Good luck with this dealer (and all others who will undoubtedly do the same)

 

Napolis, thanks for the response!