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Thread: eBay removing ads for Ferrari's

  1. #1
    Junior Member LarryB's Avatar
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    eBay removing ads for Ferrari's

    Has anyone had their ad bumped from eBay by Ferrari? Evidently, the Ferrai police are forcing eBay to pull ads for replicars. Does anyone know how to get around them? I was getting good bids at the time my ad was removed.
    Larry :'(

    Here's Ferrari's legal reps response to my comlaint. Looks like i'm a criminal.

    "(1) A trademark owner has the right to decide the products on or in connection with which its trademarks will be used. Ferrari, Prancing Horse Design, SF and Prancing Horse Design, and F355 are registered trademarks of Ferrari S.p.A., and unauthorized use of such trademarks on or in connection with automobiles not produced by it constitutes trademark infringement in violation of Section 32(1) of the Lanham Act, 15 U.S.C. Section 1114(1). Your listing and car include infringements of Ferrari S.p.A.'s registered trademarks.

    (2) Ferrari S.p.A. has trade dress rights in the distinctive non-functional design of its Ferrari F355 automobile. Replication of this distinctive design constitutes false designation, description or representation in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a) and dilution in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c). Ferrari S.p.A.'s trade dress rights in the design of its automobiles have been judicially recognized in Ferrari S.p.A. v. McBurnie, 11 USPQ2d 1843 (S.D. CA 1989), in which the Court enjoined McBurnie's manufacture and sale of his Daytona Spyder replicas and Ferrari S.p.A. v. Roberts, 739 F.Supp. 1138, 14 USPQ2d 2013 (E.D. TE 1990), affirmed 944 F.2d 1235, 20 USPQ2d 1001 (6th Cir. 1991), in which the Court enjoined Roberts' manufacture and sale of Daytona Spyder and Testarossa replicas.

    (3) Ferrari S.p.A. also owns design patents protecting the ornamental design of many of its automobiles, including Ferrari F355. Unauthorized sale and offering for sale of replicas of Ferrari automobiles incorporating Ferrari's patented designs constitutes patent infringement in violation of Section 271 of the Patent Act, 35 U.S.C. §271.

    (4) Using the term "replica" is no more a defense to Ferrari S.p.A.'s claims for trademark, design patent and trade dress infringement than using the term "counterfeit" is a defense to claims for counterfeiting.


  2. #2

    Re: eBay removing ads for Ferrari's

    the classic approach is to not put anything copywritten in the ad. no horses, no ferrari or 355 or anything like that. Just say Italian supercar styling or something. If the only issue that remains is the body, then they would have to somehow prove that its more than 85% accurate or whatever the strange # is. That will probably get them off your case.
    Professional 3D, web, graphic, architectural, interior, and CAM design at affoardable prices.<br />Any questions: voicemail/fax (323)281-0583<br />sales @ rt-network.com

  3. #3
    Senior Member Magus's Avatar
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    Re: eBay removing ads for Ferrari's

    This reminds me of a recent Barret Jackson Car Auction they had on tv. After they came back from a break and they said during the commercial break they sold a Ferrari GTO replica for $50,000, which they weren't allowed to televise due to Ferrari Lawyers. I think it was mosty to protect both the buyer and the seller of the car. They also ended up selling a 360modena berlinetta F1, ready for racing for only $90,000. It had no reserve, and it was in all likelyhood not street legal, which was why the car went for such a steal. Whoever sold it must've shot themselves afterwards. The motor and F1 transmission alone is worth a little over $90,00.

  4. #4

    Re: eBay removing ads for Ferrari's

    you would be surprised about that. the F1 (360 challenge F1, not "challenge stradale") is the model used for racing. it's partial 360 that is fitted with race gear and lighter/cheaper parts. there's a ferrari cup event every year held by the factory where about 100 of these F1 Challenge cars are raced by an exclusive client base, and eventually quite a few get wrecked slightly or badly.

    what's different about these track cars is that they are not street legal and not luxurious by any means. the interior is missing at best, and many electronic gadgets are missing. basically it's a 360 you wont kill yourself after crashing. after each year's race, the remaining cars are sold off and most go back to track racing.
    a few cars are then made street legal by owners who have alot of time to invest :P

    usual resale value of a F1 challenge is $90k to $120k
    Professional 3D, web, graphic, architectural, interior, and CAM design at affoardable prices.<br />Any questions: voicemail/fax (323)281-0583<br />sales @ rt-network.com

  5. #5

    Re: eBay removing ads for Ferrari's

    I dont think you can trademark numbers. So using "355 replica" is legaly ok. NOT "F355"

    This is why Intel created "pentium" as the predicisor to 486, and didnt use 586.

  6. #6

    Re: eBay removing ads for Ferrari's

    it's all fine and dandy for us, but all that ebay needs is a legal threat, and #s would probably do the trick :'(
    Professional 3D, web, graphic, architectural, interior, and CAM design at affoardable prices.<br />Any questions: voicemail/fax (323)281-0583<br />sales @ rt-network.com

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