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Ferrari loses court case against Italian custom authorities

Discussion in 'Recreations & Non-Period Rebodies' started by Marcel Massini, Jan 5, 2021.

  1. Marcel Massini

    Marcel Massini F1 World Champ
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    Mar 2, 2005
    15,450
    #1 Marcel Massini, Jan 5, 2021
    Last edited: Jan 5, 2021
    https://www.gazzetta.it/motori/la-mia-auto/04-01-2021/clone-ferrari-maranello-perde-causa-non-sara-distrutto-3902098266613.shtml

    Quick info:
    In 2008 Italian customs officials confiscated a replica of a 1958/59 Ferrari Dino 196/246 Spider in Genova. Applying law #99/2009, par. 16, customs declared the confiscated vehicle to become a school and learning object for customs and police agencies. Ferrari objected and required complete demolition of the confiscated replica, stating that the existence of a replica will be damaging their brand.
    Several court cases and appeals followed. On December 11, 2020, the highest court of Italy decided against Ferrari, the Italian customs won, and the replica is now allowed for use by the Italian customs authorities for instructions and schooling.

    Marcel Massini
     
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  3. italiancars

    italiancars F1 Rookie

    Apr 18, 2004
    2,674
    Hershey, PA
    interesting turn in that this is the second case in Italy involving replicas that Ferrari has lost, something that was unthinkable not that long ago.
     
  4. tx246

    tx246 F1 Veteran
    Rossa Subscribed Owner

    Nov 4, 2003
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    Shawn

    I find the argument that it damages their brand hard to make if it is being used as an example of what happens with an infringement and helps Customs officers be better suited to stop further infringements.

    Interesting ruling. How are grey area cars handled? Are there any pictures of the specific replica that was involved?
     
  5. italiancars

    italiancars F1 Rookie

    Apr 18, 2004
    2,674
    Hershey, PA
    I’ve been saying it for years that Ferrari is eventually going to follow Jaguar and Aston in producing their own continuation/replica cars. 1) There is too much revenue available to them not to do it. 2) it will at the same time kill anyone else’s profitability in building replicas.
     
  6. bigodino

    bigodino F1 World Champ
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    Apr 29, 2004
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    and the replica is now allowed for use by the Italian customs authorities for instructions and schooling.
    So these custom officers take turns driving the crap out of it? :)
     
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