Author Topic: Replica seized  (Read 1290 times)

gt350shelb

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Re: Replica seized
« Reply #15 on: June 03, 2020, 03:51:30 PM »

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.

Ferrari has people to deal with these  situations  ,  one shop had a "fire"  :)
Some where some one is driving their collector car for the last time but they don't know it . Drive your car every time like it could be the last memory of it .

NC TRACKRAT

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Re: Replica seized
« Reply #16 on: June 03, 2020, 04:13:17 PM »
Copyrights and trademarks are not, in of themselves, protection under the law.  They must be defended, otherwise, they become weakened.  That's why Ford went on a rampage a few years back to protect their brand, logos and product designs.
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deathsled

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Re: Replica seized
« Reply #17 on: June 03, 2020, 05:12:34 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?
It will depend on the wording of the release. I believe the car was turned over either given or sold for an undisclosed sum to avoid the costs of litigation. Avoiding litigation (and lawyers) wherever possible saves you a ton of money in the long run particularly where you are the defendant and there is no insurance carrier providing you with a duty to defend.
A copyright lawyer will have a better take on what transpired than I.
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deathsled

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Re: Replica seized
« Reply #18 on: June 03, 2020, 09:43:45 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.   ;)

Happy to do it so long as I am accurate.  Always good to get second opinions or at least use caselaw to define the parameters of the legal issue.  Stare decisis is a powerful tool
"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
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Red paint gold stripes damned she's fast"

Don Johnston

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Re: Replica seized
« Reply #19 on: June 03, 2020, 11:57:51 PM »
So this was a seizure of an "Eleanor"?  I get seizures when I see them hyped and sold at auctions for insane money. 8)

gt350shelb

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Re: Replica seized
« Reply #20 on: June 07, 2020, 09:38:17 AM »
 dont mess with women who sued shelby and won   LOL
Some where some one is driving their collector car for the last time but they don't know it . Drive your car every time like it could be the last memory of it .

FL SAAC

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Re: Replica seized
« Reply #21 on: June 09, 2020, 08:07:31 AM »
lmao, more unfortunate is when you talk to the new owners and they believe that they have the "real deal"

So this was a seizure of an "Eleanor"?  I get seizures when I see them hyped and sold at auctions for insane money. 8)
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