as good as I've been on,between that event the MM,odd Tassie drive (with the right sought of people) carby runs and Lowe rally I'm happy.
SSSooooooooooooooooooooooo............................................................ how,s the planning going for the next one???
Show me legal precedent that supports this homespun non lawyer logic. By all the (trained) stuff know what you say is attractive rubbish. Ferrari got knocked back in the first instance by IP Australia pretty much because no one owns that surname.
Everyone else might see it your way if they do not read what I said. Clause 3.3 also refers to Schedule 3 and IT IS listed as a basis on which a unilateral decision can be made. Now, unless it is a mistake in drafting, Clause 3.3 is not limited to just Visual Identity Tools, and it provides for Shedule 3 to be changed - no limit specified!!!! Any substance that your position as descibed pretty much dissappears when Clause 3.3 is followed through and is certainly not something that would support the confidence of the posts that follow it (and for PP, not including this one) I am still waiting for even 1 half substantial counter case. I guess after a couple of days it is never going to happen.
Perhaps you can take on the sole directors role and defend against SpA if your that sure of the outcome. Just set aside say 200k to defend it.
Sounds great,same pub in Tamworth ?Given the amount of grief the manager gave us for not paying the bar bill until the next day?? As if ,with the carpark filled with what was there,we were going to do a runner............... can you see the cops coming after our group for not paying a bar bill.
Well here's my non lawyer reasons. First of all we are not talking about a surname. we all know that "Ferrari hire", which is a rental clothing outlet , uses the name Ferrari and would never have a problem using it. BECAUSE they're not a car club using the car name FERRARI. (although I have heard rumours that Ferrari hire actually contacted Ferrari SPA to let them know they were using and have used the name Ferrari in Australia for many years. I know that the name FERRARI in italy is like the name SMITH in australia........a really common name. But we're not talking about a normal common person's name , we're talking about a specific car club name. IF Ferrari spa get a NO vote from us, I would imagine they will send the FCA a legal letter which would basically be a letter of "Cease and desist". If we continued on using their name , after they had notified us that they DO NOT want us using their name in our club name............FERRARI SPA would sue the FCA. They would take us to court (because they might by now have a NEW ferrari club in Australia USING their name FERRARI in it and they don't want another unorthorized club running against their new club. So we would have a choice of either , stopping our use of their name OR go to court. WE, the FCA will not go to court. We will not waste thousands of dollars on a court case that I firmly believe we can't win. Our money, which we have in the bank belongs to the members and the national committee will not use that to fight "THE FACTORY THAT MAKES OUR CARS". I mean that statement by itself says it all.......................fighting the factory that makes our cars. That'd be great wouldn't it. FERRARI SPA - vs - FCA In my experience in business, sometimes LAWYERS get things awfully wrong and argue over points of law and completely forget the real reason they were in court in the first case. And the lawyers would love getting their fee from a court case this big. So let's just vote YES and get on with it.
Am I right in assuming that dinoprof thinks that if we vote NO Ferrari will come back to the negotiating table and make an offer too good to refuse?
Perhaps you are right in all of that - but I think not so, for a couple of very sound reasons. You say you think Ferrari Hire contacted Ferrari - maybe, but did they realise that their lawyer would be posted in evey registration lodged with Ferrari in it, so they wasted their time. And yes, Ferrari would send a cease and desist letter. So on what basis would they proceed to litigate - I mean show me the legal clause that means we would have to stop and that they could win in order not to be thrown out of court with an abuse of process lodged against them. And if we did loose after a $3 defence, would we be any worse off then $3. Ferrari is already treating us (and always did) like consumer fodder. So my question gets to "where is the SOUND SUBSTANTIAL legal advice that the National Committee got to support your view" I don't mean "maybe-could be" advice that any half baked lawyer can provide. Have you even taken the time to read the Trademarks Act, IP Australia advice and a few legal precedents. Silly question of course, its not easy to read. The NC are running a club and part of that is making well based decisions. Since none of the NC members are trademark lawyers to my knowledge they would not be so silly as to throw away the sorts of rights that NZ managed to keep i.e. keep FERRARI IN THEIR NAME without good legal would they would they ? ! Seemingly, the answer is yes they are.
I suppose your guesswork is as good as anyone's. But that's all you have....but I still don't understand why the angst? Why fight? What are we really losing? You seem to be the only one losing sleep. Relax man!
To reference Horse first - yep we are all sick of it, but part of that is because we've stuffed up the process everytime, and this time, and Ferrari have been less than open. If we vote NO Ferrari will send a cease and desist letter. Ferrari might stop early like for NZ, but probably not, if we do fight. If we fight and win, Ferrari will either give us a NZ agreement or lodge a new name, re do its protocol and start again with FCA in competition. I would bet the former - unless they are intent on being bloody minded. If we lose we'd hve lost the cost of the fight, the budget is up to us, and otherwise be no worse off. All that's missing is a professional advising to fill in the probabilities and costs of any fight - I guess someone on the National Committee could send me a copy. I promise I'll join the vote "yes" team if that advice makes it appropriate.
at the end of the day if Ferrari make the club unweildy and unworkable we'll all just walk away, who cares, the internet makes them almost useless anyway we can organise runs, trackdays , gatherings, I just feel sorry for all the people who have volunteered for committee positions and given their time to make the club what it is today. I would not want to be used as a marketing arm of Ferrari and have to call members to make sure they haven't violated precious little Ferrari IP like happened some years ago when someone used public photos to make a calendar of Ferraris Where does this crap stop ? Should I remove all my Ferrari badges and scripts for Pininfarina in case that is the next company to have a go at me for photographing my car and putting it up on the net ? Ash was told by Tony File 4 years ago to stop selling the calendars with pictures of the Ferraris HE took in a PUBLIC place, now that is pathetic, how many calendars did they think he was going to sell ? And another fchat member here was told to hand his website over to Ferrari in a Cease'n'Desist letter No profit from the website, just an online repository for keeping all his data on the cars but somehow he warranted a letter from Ferrari lawyers laying down the law to him. It's this sort of heavy-handedness that leads us to the conclusion that Ferrari is after every last cent they can get ... from the public, the owners, the dealers, anyone the moneygribbers can get it from. This is what happens when you hand the control of the company over to a lawyer (LdM)
