Could You Imagine If A Court Ruled This Way About Cobra Replicas?

[BGlover67]

It seems that Karl & Christine-Ann Magnusson, a retired Swedish couple, had collected a few restored classic Jaguars, and then proceeded to build, for themselves, a Jaguar C Type Replica.  As I'm sure most of you know, the C Type is about as rare and is valued close to an original Shelby Cobra.  Most folks who are desirous of owning one, must settle for a replica as the cost is out of most people's budget.  Karl Magnusson, a past President of the Swedish Jaguar club was invited by Jaguar senior management to give a presentation about his C-type project at the Jaguar Land Rover Classic UK HQ in 2016.   Despite two years of correspondence regarding future project collaboration, meetings and nothing but praise from Jaguar Classic management, Mr. and Mrs. Magnusson were sued in 2018 by Jaguar Land Rover. They were told they were in violation of copyright infringement . "Our C-type replica was going to be the cherry on top of our small private collection of restored Jags," says Magnusson. That collection has now had to be sold in order to fund lawyer costs.

After a shocking verdict by the Stockholm District Court in December, Karl and Ann-Christine were found guilty of copyright infringement and their privately built C-type replica was deemed illegal and subject to destruction. Furthermore, they are required to pay Jaguar Land Rover's legal fees of £450 000 and damages, which in effect will drive the pensioners out of their home.   

As for the replica community, this unique verdict giving a 70-year old car shape copyright protection will likely have far reaching consequences. In essence making all C-type replicas unlawful to display, sell or use on public roads or in other public circumstances, under threat of penalties and/or destruction. And while this is a verdict by a Swedish court, because of EU directives the judgement may be invoked in other EU countries, potentially threatening the entire European replica industry. JLR has already started to use the Swedish verdict in warning letters sent to UK replica builders. And under the current understanding of relevant agreements, this verdict can be invoked in the UK even after Brexit. In addition, other car makers can use this precedent and claim copyright of their historic models, threatening tens of thousands of Ferrari, Ford GT40, AC Cobra, Porsche, Aston Martin and other replicas.

Over the years, Jaguar have supported the replica industry in various ways. No less than three Jaguar CEOs have supplied close to 2,000 drawings to replica builders as well as given awards to replica builders. Three other Jaguar senior managers and one Director, previous and present, have privately built and raced C-type replicas themselves.  Since 2015, 25 historic Jaguar Land Rover Classic Challenge races have been held, and five more are planned this year, publicly inviting replicas. On YouTube you can enjoy official Jaguar Land Rover marketing films with proud displays of replicas.  You can even pay to take the Jaguar Land Rover "Classic Drive" experience, which includes driving C-type and D-type replicas.

JLR Classic Works are currently launching their own "continuation" replica E-types and C-types with the help of replica producers in the UK, who are the ones with the skill and knowledge to produce the parts. In other words, at the same time as JLR are calling replicas illegal and pursuing this in the courts, they financially support and cooperate with replica producers.  And it does not stop here: just google "JLR Replica", and the first hit takes you to an official Jaguar Land Rover dealership, selling US kit-car C-type replicas on their website.   Unless the ruling is overturned in the Court of appeals, it will not only open the door for Jaguar Land Rover to continue to sue replica builders and passionate Jag enthusiasts but it sets a precedent for all other car manufacturers, threatening replica builders and owners on a global scale.

To help the Magnusson's appeal and to stop this from affecting other replica builders and owners, they appreciate donations, to cover further crippling legal costs. Everyone around Karl and Ann-Christine with insight into the case are left baffled by the court's decision, as well as shocked over how JLR is treating two senior lifelong supporters of the Jaguar brand and community. The couple remain determined to continue the fight as they have a very strong appeal and are hopeful that the appeals court will overthrow the initial verdict. But they need support!  Aside from taking years away from their retirement, the legal fees are driving the pensioner couple out of their home.   A GoFundMe page has been setup by Elizabeth Magnusson, daughter of Karl and Ann-Christine Magnusson and Official Spokesperson.   


https://www.gofundme.com/f/support-appeal-to-save-the-replica-industry?fbclid=IwAR2qvMPuEmxf8BviSnf8tlYmnTKaN0r1AiK1_w4wcVWu6qRa5SWUcJtiwsc


Please support them in raising funds for them to be able to continue the fight, for the good of the replica industry and so that they may be able to keep their home.  If the Magnussons win the case in the Appeals Court, no longer needing the raised funds to cover legal fees or damages, we will attempt to reach out to all donors offering to refund their donations. Any remaining funds after this effort will be donated to the COVID-19 Solidarity Response Fund for WHO.


https://covid19responsefund.org/en/

[Bill]

It's been tried, SAI lost the trade dress issue

[Don Johnston]

I see a new series: "Clone Wars", "Revenge Of The Clones", "Return Of The Classics".  I will be staying tuned.   

[98SVT - was 06GT]

When Ford brought out the Fox body GT350 Shelby sued Ford. They reminded him that he lost all the car trademarks in 1967. They allow him to use the Cobra name for 2 seat sports cars. He sued all the Kit car builders on shape and most rolled over and decided to pay for a license rather than pay big attorney fees. Factory 5 fought him and won since he had not defended the shape for over 25 years and in fact had encouraged several early kit Cobra builders. The suit was dismissed in MA where it was filed. When Factory 5 brought out their Coupe Shelby filed suit in LA. Factory 5 got the venue change to MA and the suit was dismissed with prejudice for the same reason. Ford also went after all the kit car builders for using Cobra, GT350, GT500 etc. Factory 5 had never used the names so that case was also dismissed. Ford went out of their way to point out they were not part of or supporting Shelby's case against the car manufacturers and their case only involved the use of the name and badging.
The Eleanor mess is a whole different story. Name, shape, toys, apparel lots of twists and turns and cross filing by both parties for copyright and trade dress. Shelby lost that one too and the widow who owns all things Eleanor is very aggressive at protecting the brand.
I know a kit car builder who wanted to build a replica of one of Ford's 1960s concept cars. They said they would license him to build 10 with no fee but any above that they wanted a large number per car. The project didn't pencil out when spreading the development and tooling costs over only 10 cars.

[2112]

Did the manufacturers renew copyrights all those years? Did they make a point of giving permission to use copyrighted materials all those years they allowed the industry to produce replicas?

This isn't right.

I take it this wasn't decided by a jury?

[BGlover67]

Did the manufacturers renew copyrights all those years? Did they make a point of giving permission to use copyrighted materials all those years they allowed the industry to produce replicas?

This isn't right.

I take it this wasn't decided by a jury?

Good question, I'm not sure, but here are the court papers (including pics) referring to the case:

https://drive.google.com/file/d/1bTbbwIerQdfzlGrZv0RIVRqZ_bPvI8eP/view

They don't mention jurors, so I assume it was all completed with a judge only.

[chris NOS]

hi guys ,after reading the first post , saying  a collector is being sued for hand building and owning one replica ,for his own pleasure  and because he can't afford a real C-type ,and then being victim of the big bad Jaguar company, i felt whaoo that's crazy i could send money to help them !
then i read the court document and finaly i found out it's more they planed to build and sale more cars, it was  a business plan , even had a name  "the authenticat c type" , building some replicas of C-type and selling them . That's a whole different story in my book.

Now who knows why Jaguar decided to fight with them and not the other companys before ? Well , now jaguar is more in his Heritage business and maybe they ll start to fight for it ! time will say...

[shelbydoug]

Yup. This is old news with Shelby. The Cobra form was deeming, "in the public domain" somewhere back in the '70s when "replicas" started showing up.

Ford was somewhat successful in licensing many of their trademarks and then Shelby followed that with licensing his name, but the Cobra was a done deal.

[FL SAAC]

+ 1 correct

hi guys ,after reading the first post , saying  a collector is being sued for hand building and owning one replica ,for his own pleasure  and because he can't afford a real C-type ,and then being victim of the big bad Jaguar company, i felt whaoo that's crazy i could send money to help them !
then i read the court document and finaly i found out it's more they planed to build and sale more cars, it was  a business plan , even had a name  "the authenticat c type" , building some replicas of C-type and selling them . That's a whole different story in my book.

Now who knows why Jaguar decided to fight with them and not the other companys before ? Well , now jaguar is more in his Heritage business and maybe they ll start to fight for it ! time will say...

[FL SAAC]

Mrs. Denice Halicki who was previously married to H.B. Halicki

When Ford brought out the Fox body GT350 Shelby sued Ford. They reminded him that he lost all the car trademarks in 1967. They allow him to use the Cobra name for 2 seat sports cars. He sued all the Kit car builders on shape and most rolled over and decided to pay for a license rather than pay big attorney fees. Factory 5 fought him and won since he had not defended the shape for over 25 years and in fact had encouraged several early kit Cobra builders. The suit was dismissed in MA where it was filed. When Factory 5 brought out their Coupe Shelby filed suit in LA. Factory 5 got the venue change to MA and the suit was dismissed with prejudice for the same reason. Ford also went after all the kit car builders for using Cobra, GT350, GT500 etc. Factory 5 had never used the names so that case was also dismissed. Ford went out of their way to point out they were not part of or supporting Shelby's case against the car manufacturers and their case only involved the use of the name and badging.
The Eleanor mess is a whole different story. Name, shape, toys, apparel lots of twists and turns and cross filing by both parties for copyright and trade dress. Shelby lost that one too and the widow who owns all things Eleanor is very aggressive at protecting the brand.
I know a kit car builder who wanted to build a replica of one of Ford's 1960s concept cars. They said they would license him to build 10 with no fee but any above that they wanted a large number per car. The project didn't pencil out when spreading the development and tooling costs over only 10 cars.

[2112]

hi guys ,after reading the first post , saying  a collector is being sued for hand building and owning one replica ,for his own pleasure  and because he can't afford a real C-type ,and then being victim of the big bad Jaguar company, i felt whaoo that's crazy i could send money to help them !
then i read the court document and finaly i found out it's more they planed to build and sale more cars, it was  a business plan , even had a name  "the authenticat c type" , building some replicas of C-type and selling them . That's a whole different story in my book.

Now who knows why Jaguar decided to fight with them and not the other companys before ? Well , now jaguar is more in his Heritage business and maybe they ll start to fight for it ! time will say...

But have they been actively protecting their "property " over the last 70 years?

[98SVT - was 06GT]

hi guys ,after reading the first post , saying  a collector is being sued for hand building and owning one replica ,for his own pleasure  and because he can't afford a real C-type ,and then being victim of the big bad Jaguar company, i felt whaoo that's crazy i could send money to help them !
then i read the court document and finaly i found out it's more they planed to build and sale more cars, it was  a business plan , even had a name  "the authenticat c type" , building some replicas of C-type and selling them . That's a whole different story in my book.

Now who knows why Jaguar decided to fight with them and not the other companys before ? Well , now jaguar is more in his Heritage business and maybe they ll start to fight for it ! time will say...

But have they been actively protecting their "property " over the last 70 years?

We're also talking England not America. An entire different set of rules. The Jag C and certainly be called art - In the UK, copyright in artistic works generally lasts for the lifetime of the artist plus 70 years after their death. Malcom Sayer who designed it died in 1970 so the copyright will run to 2040. With Jaguar Classic building some new ones I don't know how that will effect the dates.

I couldn't find the case again - for some reason Ford lost the case on copyright with Shelby but the decision was set aside. I suspect there was a side deal letting CS use Cobra for his continuation cars and Ford would keep them for their use. Having it set aside would also keep the names with Ford rather than in the public domain - and cut their attorney fees. I suspect the waters were muddied by the fact they were Shelby's copyrights originally but Ford was also using them at the same time - probably without payment as it was one big happy family at the time.

[mark p]

hi guys ,after reading the first post , saying  a collector is being sued for hand building and owning one replica ,for his own pleasure  and because he can't afford a real C-type ,and then being victim of the big bad Jaguar company, i felt whaoo that's crazy...
... they planned to build and sell more cars, it was  a business plan , even had a name  "the authenticat c type" , building some replicas of C-type and selling them . That's a whole different story...

I had the same initial thoughts (not knowing of the "Business Plan")... now I'll say that I understand the suit.
Thanks for clearing it up.

[Bill]

Yup. This is old news with Shelby. The Cobra form was deeming, "in the public domain" somewhere back in the '70s when "replicas" started showing up.

Ford was somewhat successful in licensing many of their trademarks and then Shelby followed that with licensing his name, but the Cobra was a done deal.

Part of the issue with Shelby and the Cobra, also had to do with the fact that Shelby used an existing chassis and body for the basis of his car. The AC ACE body and the Cobra body were too close to one another at the start, as such, the court ruled that it was part of the reason why the trade dress was denied in a wholesale fashion.

Bill

[Don Johnston]

It is another reason for the formation of Shelby Licensing, Inc. soon after the re-establishment of the Shelby American shop.  CSI retains the Shelby name for vehicles and products as branded with CS, GT350, GT500 GT550, Series 1, etc. as noted on their web site: https://www.shelby.com/carrollshelbylicensing