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Go Back   Madabout Kitcars Forum > Mad Build Area > General Build Chat

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  #1  
Old 30th October 2019, 16:16
Mitchelkitman Mitchelkitman is online now
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Default What happened to ready to crush thread

Maybe a political 'hot potato', but what happened to the thread from yesterday?
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  #2  
Old 30th October 2019, 18:03
oxford1360 oxford1360 is offline
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I think the hot potato might be legal rather than political.
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  #3  
Old 30th October 2019, 18:13
Jeff H Jeff H is offline
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Quote:
Originally Posted by oxford1360 View Post
I think the hot potato might be legal rather than political.



Indeed,

If the big F are going after individuals how long before they go after the manufactures ?

It comes down to using their name and badges from what I can gather.
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  #4  
Old 31st October 2019, 07:16
smash smash is offline
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Interesting. Plenty of private replica sales active and badged. I think they are obviously keeping tabs on activity - at the end of the day it's their trade marks and they're entitled to protect. Business test is degree of frequency and scale borne out by various tribunals. They obviously felt it was commercializing their trade dress without permission.
Whatever it's a clear message - do not use our trade marks/trade dress. Looks like theyve locked on to Tribute. Not sure of implications for individuals who have bought and then genuinely selling - I'd hope they're purely targeting commercial production.
The one at auction I notice is not badged and auction house is at pains to point out what it is and what it isn't in description.
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  #5  
Old 31st October 2019, 09:45
Mitchelkitman Mitchelkitman is online now
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It would seem prudent for builders to avoid using F badges if they want to keep the manufacturers (of the kits) in business - taking (dare I say) a selfish view just to make their own car 'look better' could affect other people.
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  #6  
Old 31st October 2019, 10:17
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andysharrock andysharrock is offline
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for sale purpose avoid using any badges at all if its not the true make of the car,. also do not name any kit manufactures in the listing it flags it up on a search. it would be best just to list them as kit cars nothing else end of the day that is what they are a badge can not change that.
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  #7  
Old 31st October 2019, 16:36
Lucky@LeMans Lucky@LeMans is offline
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Andy, I hope you got away with just a slap on the wrist. I can understand the manufacture getting upset when their name and badges are all over a replica.
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  #8  
Old 31st October 2019, 17:44
Jeff H Jeff H is offline
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Quote:
Originally Posted by Lucky@LeMans View Post
Andy, I hope you got away with just a slap on the wrist. I can understand the manufacture getting upset when their name and badges are all over a replica.


The problem is Lucky once they sell the kit it is out of their hands what the customer does to it.

It seems to be only Ferrari who get upset, tons of Cobra reps out there along with Jag C and D types plus countless numbers of GT40's.

I know Mercedes don't like the kits (Gullwing) and at least one has been crushed, I know of a company who has the moulds for these but they don't advertise them.
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  #9  
Old 31st October 2019, 18:59
DaveP DaveP is offline
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This is my badge on the Kobra.

Shouldn’t cause anyone issues with regard to copyright. Also will not be to some people’s taste either.

I didn’t want a cobra or AC badge as it isn’t one.

This is a Japanese/Chinese equivalent to the letter K. It also denotes water and I am an Aquarian.

It is different if nothing else.

Dave
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  #10  
Old 31st October 2019, 21:20
molleur molleur is offline
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Quote:
Originally Posted by DaveP View Post
This is my badge on the Kobra.

Shouldn’t cause anyone issues with regard to copyright. Also will not be to some people’s taste either.

I didn’t want a cobra or AC badge as it isn’t one.

This is a Japanese/Chinese equivalent to the letter K. It also denotes water and I am an Aquarian.

It is different if nothing else.

Dave
Interesting, I like it!
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  #11  
Old 31st October 2019, 21:22
molleur molleur is offline
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I have both an "Italia" grille badge and a "Wolf" badge for the boot lid
just to confuse folks. A "280S" script will also adorn the boot.
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  #12  
Old 31st October 2019, 21:23
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Quote:
Originally Posted by molleur View Post
Interesting, I like it!
Cheers matey
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  #13  
Old 31st October 2019, 21:38
Mitchelkitman Mitchelkitman is online now
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Quote:
Originally Posted by molleur View Post
Interesting, I like it!
I do too!
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  #14  
Old 1st November 2019, 10:22
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This is why I go to great lengths to stress my bodies are my own Intellectual Property ...Its not to look big or clever , purely that I want to stress that they are a generic shape , representative of many different cars of that era ...Funnily enough , I'm looking at badge design at the moment too ...I'd like to offer an option to try and stop customers from wanting to use existing options available to them ......
Its a difficult area , and picking up on the previous comments about maybe going after manufacturers of the kit ...I always have said that the cars are far enough away from the real thing to be a difficult argument at replica in a legal argument .. the silhouette and proportions are a way off (still a good look g car though a d the 275 even more so ) and if they were to argue grille shape , vents , rear panels etc. There are a lot of cars from that era with similarities ...Aston for example isn't a million miles away if you squint etc ...I think they know its a hard one to win on that level ...Badges , however , no argument .....no different to the Bolex watch you bought in Turkey ....
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Old 2nd November 2019, 02:36
smash smash is offline
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As I understand it you have to register an interest in every country you want to copyright your design for maximum time of protection. In the UK you're afforded 10 years protection without registering an interest and 25 years if you register it. It varies country to country.

But (I believe) the legal action is all around use of F name and logos which are trade marks - they haven't permitted usage and also theres the misrepresentation factor which would explain destruction request.

I think you're potentially in trouble just using same font and similar sounding name. There was a local shop called Aarods logo font and colours same as Harrods and they got jumped on.

I guess badge it as Tribute or not at all. I'd think badging it as Tribute may actually be safer than not at all as you're instantly declaring what it isnt

Last edited by smash; 2nd November 2019 at 02:45..
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  #16  
Old 2nd November 2019, 07:28
Mick O'Malley Mick O'Malley is offline
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Quote:
Originally Posted by lancelot link View Post
This is why I go to great lengths to stress my bodies are my own Intellectual Property ...Its not to look big or clever , purely that I want to stress that they are a generic shape , representative of many different cars of that era ...Funnily enough , I'm looking at badge design at the moment too ...I'd like to offer an option to try and stop customers from wanting to use existing options available to them ......
Its a difficult area , and picking up on the previous comments about maybe going after manufacturers of the kit ...I always have said that the cars are far enough away from the real thing to be a difficult argument at replica in a legal argument .. the silhouette and proportions are a way off (still a good look g car though a d the 275 even more so ) and if they were to argue grille shape , vents , rear panels etc. There are a lot of cars from that era with similarities ...Aston for example isn't a million miles away if you squint etc ...I think they know its a hard one to win on that level ...Badges , however , no argument .....no different to the Bolex watch you bought in Turkey ....
Looking at the minimal changes Westfield had to make in transitioning from their pre-lit version, further to Caterham's legal action, it's clear that the F company would have any claim against generic body manufacturers thrown out. This is a powerful precedent.

Regards, Mick
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  #17  
Old 2nd November 2019, 07:33
DaveP DaveP is offline
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Gary interesting that you are looking at a brand for your cars. Good idea in my view. When people see a well built example and want to know what it is they have their answer. You can’t beat positive marketing.


Scott also a great point as the best form of defence is ‘attack’. Having badges on that state what it is (and therefore what it is not trying to be) would help keep the attention off.


Finding the right name, spelling, font and logo is the flipping challenge though.


Andy S. Hope they have backed off now.

Dave
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  #18  
Old 2nd November 2019, 10:05
Mitchelkitman Mitchelkitman is online now
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Just to lighten the mood
Maybe some decals like the ones on my bike would do the trick(I hope it's visible in the photos)?
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