Author Topic: Replica seized  (Read 3808 times)


FL SAAC

  • SAAC Member
  • Hero Member
  • *
    • View Profile
Re: Replica seized
« Reply #1 on: June 02, 2020, 10:40:55 PM »
Oh nooooooo!
Living RENT FREE in your minds...

Home of the Hertz Musketeers 

A person without a sense of humor is like a wagon without springs.  It's jolted by every pebble on the road

I have all UNGOLD cars

I am certainly not a Shelby Expert

Life is short B happy

Bob Gaines

  • SAAC Member
  • Hero Member
  • *
  • Original Posts:14706
    • View Profile
Re: Replica seized
« Reply #2 on: June 02, 2020, 10:43:40 PM »
A couple cars were kicked out of BJ auction this Jan 2020 because they did not have the paperwork that said they were licensed . I think it is 30K and you get a certificate of authenticity and some emblems that it magically became a Elinor regardless of build quality .
Bob Gaines,Shelby Enthusiast, Shelby Collector , Shelby Concours judge SAAC,MCA,Mid America Shelby

557

  • Hero Member
  • *****
  • 1967 gt500 since 82 NFS!
    • View Profile
Re: Replica seized
« Reply #3 on: June 02, 2020, 10:55:14 PM »
One more “Eleanor” down.....yay...

Shelby_r_b

  • SAAC Member
  • Hero Member
  • *
    • View Profile
Re: Replica seized
« Reply #4 on: June 02, 2020, 11:16:45 PM »
I saw this earlier. I wonder why he had to give up the entire car?

Deathsled: help us with a legal perspective on this, if you would. 👍🏻
Nothing beats a classic!

Bill

  • SAAC Member
  • Hero Member
  • *
    • View Profile
Re: Replica seized
« Reply #5 on: June 03, 2020, 05:47:46 AM »
Disclaimer: While not an attorney, I did stay at a Holiday Inn Express last year.

This Youtuber is considered a business, and as such, has to ask permission for, and most likely pay a royalty or license fee to the copyright holder. Without that, depending on the strength of the copyright and the state in which the offender lives in, they risk the confiscation and destruction of the products as a whole so that the copyright holder can further protect their interests.

Now, with that said, perhaps this Youtuber should just rebody with stock 1967/68 Mustang body panels. he can then still build a semi unique automobile, all while continuing to thrive on his Youtube channel.

Bill

Instead of being part of the problem, be part of a successful solution.
HOW TO IDENTIFY A FORUM TROLL
https://www.saacforum.com/index.php?topic=16401.0

tesgt350

  • Hero Member
  • *****
    • View Profile
    • BLACK HAT PERFORMANCE
Re: Replica seized
« Reply #6 on: June 03, 2020, 08:18:54 AM »
What if he just said that he was building a Mustang Fastback that will Resemble the Eleanor Mustang and painted it a different color?  There are many companies selling the Body Kits on Ebay, has she gone after THEM as well?

The Going Thing

  • Hero Member
  • *****
    • View Profile
Re: Replica seized
« Reply #7 on: June 03, 2020, 08:54:20 AM »
Bill hit it on the nailhead. He used the name instead of calling it by something other than Eleanor. Oops.  Of course the idiots at the 9th circuit court were responsible for the wonky ruling.

chris NOS

  • SAAC Member
  • Sr. Member
  • *
  • 5S241 actual owner
    • View Profile
Re: Replica seized
« Reply #8 on: June 03, 2020, 10:21:28 AM »
How to buid a copy of a copy-car and get sued for copying a copy !!! Whaoo !

427hunter

  • SAAC Member
  • Hero Member
  • *
  • Caretaker of 1969 gt500 #602 and 1966 gt350 #853
    • View Profile
Re: Replica seized
« Reply #9 on: June 03, 2020, 11:40:55 AM »
The car he was building could not have been seized over copyright violations without litigation and a court order. If you noticed he said the car is "now the property of" so he sold it to them and they are going to build another tribute to one of the worst films ever made.

Ferrari recently stopped a company building fake 250 GTO's - It just goes to show you that the market for fake clothing, watches, jewelry, and cars is very strong. People need attention I guess and fake luxury items are there ticket to prominence. 
« Last Edit: June 03, 2020, 11:42:42 AM by 427hunter »
“You keep using that word, I do not think it means what you think it means”

Inigo Montoya

“This life’s hard, man, but it’s harder if you’re stupid”

Jackie Brown


2000 hours of my life stolen by 602 over three years

deathsled

  • SAAC Member
  • Hero Member
  • *
    • View Profile
Re: Replica seized
« Reply #10 on: June 03, 2020, 12:38:43 PM »
427huntet is correct. Can't seize property civilly (for the most part unless the government seizes property used in commission of a crime and so on hence case captions like U.S. versus one 1972 Buick and even that has to be litigated) this was the cost of defense move. I believe copyright infringement, if proven, can result in treble damages as a statutory remedy. The guy probably either sold the body to the putative plaintiff or signed it away in exchange for a release or covenant not to use in either case.
"Low she sits on five spoke wheels
Small block eight so live she feels
There she's parked beside the curb
Engine revving to disturb
She's the princess from his past
Red paint gold stripes damned she's fast"

Shelby_r_b

  • SAAC Member
  • Hero Member
  • *
    • View Profile
Re: Replica seized
« Reply #11 on: June 03, 2020, 02:47:54 PM »
427huntet is correct. Can't seize property civilly (for the most part unless the government seizes property used in commission of a crime and so on hence case captions like U.S. versus one 1972 Buick and even that has to be litigated) this was the cost of defense move. I believe copyright infringement, if proven, can result in treble damages as a statutory remedy. The guy probably either sold the body to the putative plaintiff or signed it away in exchange for a release or covenant not to use in either case.

Thanks, Deathsled!

BTW - you've indirectly become our law reference of choice.   ;)
Nothing beats a classic!

JD

  • SAAC Member
  • Hero Member
  • *
    • View Profile
Re: Replica seized
« Reply #12 on: June 03, 2020, 02:53:44 PM »
427huntet is correct. Can't seize property civilly (for the most part unless the government seizes property used in commission of a crime and so on hence case captions like U.S. versus one 1972 Buick and even that has to be litigated) this was the cost of defense move. I believe copyright infringement, if proven, can result in treble damages as a statutory remedy. The guy probably either sold the body to the putative plaintiff or signed it away in exchange for a release or covenant not to use in either case.

^^So they (the plaintiff) gets possession the car and now they can/could put their stamp of approval on it and now sell it as one of theirs?
« Last Edit: June 03, 2020, 03:52:29 PM by JD »
'67 Shelby Headlight Bucket Grommets https://www.saacforum.com/index.php?topic=254.0
'67 Shelby Lower Grille Edge Protective Strip https://www.saacforum.com/index.php?topic=1237.0

98SVT - was 06GT

  • SAAC Member
  • Hero Member
  • *
    • View Profile
Re: Replica seized
« Reply #13 on: June 03, 2020, 03:10:30 PM »
I was under the impression that I could copy anything I see for my own personal use. The problem would come if I sold it or profited from their copyright/trademark/patent. I was going to add intellectual property but didn't think intellect would look right in an Eleanor thread.
Previous owner 6S843 - GT350H & 68 GT500 Convert #135.
Mine: GT1 Mustang Track Toy, 1998 SVT Cobra, Wife's: 2004 Tbird
Member since 1975 - priceless

427hunter

  • SAAC Member
  • Hero Member
  • *
  • Caretaker of 1969 gt500 #602 and 1966 gt350 #853
    • View Profile
Re: Replica seized
« Reply #14 on: June 03, 2020, 03:22:14 PM »
I was under the impression that I could copy anything I see for my own personal use. The problem would come if I sold it or profited from their copyright/trademark/patent. I was going to add intellectual property but didn't think intellect would look right in an Eleanor thread.


Basically copyrighted materials can not be replicated legally, the intent of the person replicating the material is not a defense and will not prevent litigation.   
“You keep using that word, I do not think it means what you think it means”

Inigo Montoya

“This life’s hard, man, but it’s harder if you’re stupid”

Jackie Brown


2000 hours of my life stolen by 602 over three years