OK; hypothetical question..

You have no idea how lucky you are you didn't post this in the vintage section...

 

I'm not sure exactly which racecar you have in mind to replicate, but if it's a Ferrari, be aware that their lawyers are VERY aggressive. (Yes, I think it could be a liability.)

I'm also not clear on whether you want this just for yourself, or to sell. If you turn out any significant number of copies per year, and offer them for sale, you are very likely to fall under their radar. If it's a one-of for personal use, you are probably okay. . . although numerous Tifosi will probably disapprove.

 

In the vintage racing world all you need is a nameplate or ID plate and you can reconstruct a new/old car around it. Its done all the time. And let's not forget the "continuation" Shelby cobras. Of course, the Ferrari factory also did a lot of remanufacturing way back when. It all comes down to full disclosure. Selling a Rolex fake, telling the buyer it's fake, and charging a price for a fake is not nearly as bad as selling the fake as real with a real price.

 

If it is for yourself, you can make it look like whatever you want.

 

Fake Rolexes ARE illegal. I agree that it's better to sell a fake and say it's a fake than to present it as the real thing. Legally, it's still trademark infringement with regard to watches.

The Ferrari factory can do what it wants with its cars.

Legally, the question of replica cars is murky. Ferrari has always been very aggressive about pursuing copycats. In the 80's, Pontiac dealers were selling re-bodied Fieros which were intended to look like 328s. (In my opinion, they didn't, very much.) Ferrari forced the company, Mera, to cease and desist on the basis of the "strong resemblance" alone.

I stand by my earlier post: If the proposed replication is a "one-of," there's little possibility of trouble. If he wants to mass-produce them and sell them, he might be facing litigation. (And if he does, he might win, based on the Shelby Cobra precedent, but he might not. And litigation, regardless of the outcome, is not something most people are eager to face.)

 

'Clones' are created all the time. Mustangs, Camaros, Ferraris. As the previous poster stated, full disclosure. (Assuming a one-off project and not 'kit car' selling.)

What Boyd did was take his NEW car and register them as antiques, something they never were. That does not fly.

 

If you're making one, for yourself, to use privately, then you're fine. Have at it, good luck, post pictures when you're done. If you plan on manufacturing a fleet of replicas, for resale, then you should reconsider.

 

been there, done that
http://www.m-wingmotors.com/welcome.htm

 

Had no idea there was that much wood in the original...

Just curious why you chose to post this on FERRARI chat? Seems a Benz site would have been a more logical place.

Regardless, I'd love to see the progress. There is an "other cars" section. I'd follow the thread.

What's your time frame for the project. Is it rude of me to ask the budget?

NOW THE TOUGH QUESTION.... why not find a disaster car (300sl gullwing or something else) and resore it. Then you have a restored car WITH a PROPER serial number. No doubt a better financial investment. Emotional investment... well that's a up to each of us...

 

To still procede... you have more courage than me.

Don't poke the bear...

 

I'm not a lawyer, nor am I a mechanic, nor am I in the auto business of any sort. But here's my 2 cents.

I can see problems if it was a Ferrari and it was in Italy (the recent stories bear that out) or more apt in Germany for the Gullwing, but if its in the US AND its for your personal use AND you dont represent it as a real gullwing but a recreation to exact detail, I can see no problem with it.

If you sell it...... that gets tricky because you have no control over the next owner.

If you represent it as original..... that gets tricky because even if its exact copy its NOT an original.

I think you'd have difficulty with the factory if they wanted to press it, they have deep pockets, but I think it would be a great tribute.

Good luck, love to see it when your done, I LOVE the Gullwings, theres at least 1 real one and 1 fiberglass one here in Denver, saw the fiberglass one once, never seen the real one.

James in Denver

 

It's not an intrusion into the "Ferrari world", just put it in the right place and many here would like to see the results/progress.


http://www.ferrarichat.com/forum/forumdisplay.php?f=65