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Ferrari Sues Enthusiast

Discussion in 'Other Off Topic Forum' started by Korr, Mar 29, 2004.

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  1. Korr

    Korr F1 World Champ
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    Dec 7, 2003
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    FNA (Ferrari North America) today filed suit against a Mr. Lamarossa of Greenwich, NY for gregarious infringement of copyright, trade and face of business infringements against said Mr. Lamarossa. The suit alleges that Mr. Lamarossa actively sought to debase Ferrari’s trade emblem, business and stature by claiming that his 1991 Toyota Supra was indeed a Ferrari by placing said emblems of the Ferrari trade upon his 1991 Toyota Supra.

    It is alleged that Mr. Lamarossa’s car debased the very being and portent of Ferrari; therefore they (FNA) are seeking $25 million in US dollars to rectify the grievance.

    When reached for comment about the lawsuit, Mr. Lamarossa declined to comment, save for his remark that a, “Ferrari by any other name, whether it be Toyota or General Motors, is still a Ferrari.”

    He added that, “If FNA succeeds in this lawsuit, I would be more than pleased to pretend it is something else that it very clearly and painfully is not.”

    Ferrari NA stated that the car, a 1991 Toyota Supra went from being a 1991 Ferrari Lamarossa to a Ferrari Lamarossa Challenge 265 with the addition of heating register vents on its outmost flanks. In most recent iterations, court documents show that it is a Testarossa 512M.

    “In any case,” said FNA lawyer Allen L. Ambo; “The car is certainly not a Ferrari. We must act defensively and decisively against anyone that may or may not represent the Ferrari brand in the light that we think it deserves. We will litigate them into the ground if that’s what it takes to protect our brand.”

    Either way, Mr. Lamarossa seems to have relented on a few demands. His car no longer proudly bears the Prancing Horse, but the Prancing Bull of Lamborghini.

    He now calls it the Lambarossa SV, which is meant to conjure up images of rip snorting Diablo’s and other signs of complete bull. Instead, the bull and the **** are fully evident in his yellow SV. His lawyer, Allen L. Ambo decided against commenting on this article, citing conflicts of interest.

    (AP News)
     
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  3. wax

    wax Four Time F1 World Champ
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    Dirty Harry
    Those Lambo-air-shovels are good for scooping BS, too.
     
  4. infraredline

    infraredline Formula 3

    Mar 15, 2004
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    Bahaha! Ferrari is comin to get you :O
     
  5. formula1joe

    formula1joe Formula Junior

    Nov 3, 2003
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    Joe Bennett
    Is this an early April fool's joke?
     
  6. Admiral Thrawn

    Admiral Thrawn F1 Rookie

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    lol!
     
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  8. Mickey

    Mickey Formula Junior

    Jan 20, 2004
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    Good,

    Ferrari is Ferrari.

    There is only one Ferraris.
     
  9. amenasce

    amenasce Two Time F1 World Champ
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    BTW...FYI , its a joke ..
     
  10. Alanmondial

    Alanmondial Rookie

    Nov 1, 2003
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    Well I did hear of them taking an action against a sausage manufacturer for using the prancing horse image and won!
     
  11. tifosi69

    tifosi69 Formula 3

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    That's funny and well written! LOL
     
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  13. Klint

    Klint Karting

    Dec 7, 2003
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    ROFLMFAO! Hilarious!
     
  14. Greg G

    Greg G F1 Rookie

    LOL - you had me right up to the Allen L. Ambo part - good stuff!
     
  15. amenasce

    amenasce Two Time F1 World Champ
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    Unfortunately Ferrari is known for sueing enthusiasts..I remember a few years ago they sued 2 germans who had built a 1/2 scale Ferrari F1 replica of the 1998 car i think ..It cost them quite a lot actually. But the car was so well done and popular that pple paid them to ride in it at several car events around germany.. Ferrari didnt like the fact that they were making $$ with their name ( eventhough it was just money to get even..) and sued them and won.
     
  16. zjpj

    zjpj F1 Veteran

    Nov 4, 2003
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    Dude: seriously funny post. For what it's worth, Ferrari could never sue this guy. Here's why:

    A trademark is a word, name, symbol, device or combination thereof used to identify and distinguish goods and services of one from the goods and services of another. More simply, it identifies the source of goods and services (i.e. Nike swoosh) It gives you the right to prevent others from using it if such use would create a likelihood of confusion. You don’t get exclusive use necessarily. Why could they never sue him? NO LIKELIHOOD OF CONFUSION :)

    And, for those who are interested, a trademark applies automatically in use in commerce. It can also be registered. You can use TM symbol to assert a trademark, or the R symbol to show that it’s registered, giving greater notice (of course, a court can always come in and eliminate registered TM.) You do not need registration to sue.

    And, more specifically, for infringement, you need to show two things: 1. trademark, as per spectrum of ditinctiveness (somewhat complex.) 2. Likelihood of confusion (don’t need to show actual confusion.) Polaroid factors used to determine likelihood of confusion (also somewhat complex.)

    Polaroid factors to examine likelihood of confusion:
    1. Similarity of the marks:
    Look at the use of the mark as a whole, the way the entire package is dressed up. The question is will the consuming public be able to distinguish between the two, when you take a holistic view? In the Polaroid case, Alpha was embedded in many other words in the name, whereas Pignon used “Alpha” more by itself.
    2. Similarity of the goods
    Judge this based on price, functions, sophistication. Are they significantly different products? Is LAMAROSSA and an Enzo significantly different?
    3. Relationship between the parties’ channels of trade
    4. Relationship between the parties’ advertising
    5. The classes of prospective purchasers? - UMMM... :)
    (for 3,4,5 look at where they are sold (specialty stores vs. mass market) etc. are they sold in the same markets?
    6. Evidence of actual confusion – best evidence, consumer actually thought they were TM holders goods or services. Was anyone here confused?
    7. The defendants’ intent in adopting its mark
    Did they intend to add a neat name, or did they think they could palm off the product as the other persons. This is a big and important factor. Uh oh, he might be in trouble...
     
  17. PeterS

    PeterS Three Time F1 World Champ
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    I'm glad the article was bogus. I was getting ready to take the Scudia badge off my GoKart!
     
  18. Jordan Ross

    Jordan Ross Formula Junior

    Nov 4, 2003
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    ROTFLMAO!
    This thread made my day, thanks Korr!
     
  19. allanlambo

    allanlambo F1 Rookie

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    If he had tried to make that into a lambo, id of hired hitmen.
     
  20. JH

    JH F1 Veteran

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    LMAO.
     
  21. Schatten

    Schatten F1 World Champ
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    you didn't see the video. watch it again. it will only require one hitman. =)
     
  22. thecarreaper

    thecarreaper F1 World Champ
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    LMAO!!!! dont know how i missed this one yesterday.......
     
  23. thecarreaper

    thecarreaper F1 World Champ
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    hey i have the video of the Supra and the .50 gatling gun saved on my pc. anyway to host it to make it viewable???? file is 11.3 mb . i posted it a few weeks ago but the link died. i have it saved though!!
     
  24. LAMAROSSA

    LAMAROSSA Karting

    Mar 22, 2004
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    LOL

    cops pulls me ova the other day checking to see if it was stolen

    "hes like why do you have supra's plate driving a Ferrari "hahahahaha

    im like "its a body kit sir"

    hes like "let me see your registration ,I need to check the VIN number"


    Lamarossa
     
  25. allanlambo

    allanlambo F1 Rookie

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    Lamo-rossa, the police officer that stopped you, laughed all the way back to the precinct, and told all his other officer buddies. There is now a picture of you on the wall, in the Wanted Section, for public desicration.

    I would think he would of cited you for safety reasons, as i doubt its ok to drive a car that was built at HOme Depot.
     
  26. Prancing_Horse

    Prancing_Horse Formula Junior

    Dec 23, 2003
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    y'know

    i think rob should ban lamarossa
     
  27. tifosi69

    tifosi69 Formula 3

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    Aw c'mon, hogwash... he's a funny cat IMHO. Besides, he brings out the BEST in Allan!!
     
  28. Prancing_Horse

    Prancing_Horse Formula Junior

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    but hes just soo pathedic and annoying
     

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