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Thread: Lookie what I found - Carkitinc CB-2 Bentley Rep

  1. #11
    Senior Member ncrazyballa's Avatar
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    That's not how it works.

    When I have free time I could look up the law on the subject. I'm pretty sure it falls under design law for the body and trademark for the name and badges.
    what is your opinion on someone just building a replica kit out of there garage, probably making a few sets to sell. do you think thats low risk scenario

  2. #12
    Quote Originally Posted by ncrazyballa View Post
    That's not how it works.

    When I have free time I could look up the law on the subject. I'm pretty sure it falls under design law for the body and trademark for the name and badges.
    what is your opinion on someone just building a replica kit out of there garage, probably making a few sets to sell. do you think thats low risk scenario
    I'm currently a law student and we aren't suppose to give legal counsel. However my class is currently following the "Gotham Garage" law suit regarding batmobile law suit. I would be within my bounds to write a legal analysis on the law based some case research. There is some quality case law already set for replicas including the previous owner of the kit. I'll start a thread when I have spare time (they don't let us out much).

    I've been following the progress on your project (looks beautiful). If I was producing a kit, I'd continue to be low key and avoid attention as much as possible. Especially eBay.

  3. #13
    Also, I haven't researched the topic extensively but there maybe a common misconception in this community:

    The design of the car is based on 20% (or whatever percentage) of the original design. If the car designs fall under design law (very likely) then the court uses the original designs in the eyes of "a reasonable person" standard. Basically could someone say they look like it was attempt to copy. There is no magical percent it has to be different.

    I haven't looked at it but I could have the answers for all that after some research. I'll keep y'all updated.

  4. #14
    Senior Member darkprince's Avatar
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    This should be good!

  5. #15
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    Quote Originally Posted by ExoticDreams View Post
    Also, I haven't researched the topic extensively but there maybe a common misconception in this community:

    The design of the car is based on 20% (or whatever percentage) of the original design. If the car designs fall under design law (very likely) then the court uses the original designs in the eyes of "a reasonable person" standard. Basically could someone say they look like it was attempt to copy. There is no magical percent it has to be different.

    I haven't looked at it but I could have the answers for all that after some research. I'll keep y'all updated.
    From what I've understood, if you're designing just for yourself, there's not much they can do cause its not like you're a for profit business. If you attempt the advertise, sell, etc then thats when the line is crossed..am I correct in saying that?

  6. #16
    Quote Originally Posted by realizhymn View Post
    Quote Originally Posted by ExoticDreams View Post
    Also, I haven't researched the topic extensively but there maybe a common misconception in this community:

    The design of the car is based on 20% (or whatever percentage) of the original design. If the car designs fall under design law (very likely) then the court uses the original designs in the eyes of "a reasonable person" standard. Basically could someone say they look like it was attempt to copy. There is no magical percent it has to be different.

    I haven't looked at it but I could have the answers for all that after some research. I'll keep y'all updated.
    From what I've understood, if you're designing just for yourself, there's not much they can do cause its not like you're a for profit business. If you attempt the advertise, sell, etc then thats when the line is crossed..am I correct in saying that?
    From what i understand, that is correct.

    I'd feel comfortable saying everyone (in the USA) should feel comfortable building their own replica in their garage. Additionally, buying replica bodies for your own use is probably safe.

  7. #17
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    I agree. You can paint a Mona Lisa on your wall at home. It's your interpretation of it, and therefore not something they could come after. Nor would they want to. It's when you start making money on the work that it's an issue. And in keeping with the "one of a kind" nature of the Mona Lisa, there is also a provision in the law for something like a copy of a one of a kind painting, that it couldn't be reasonbly considered to be a copy, because there is only one and it's not represented as the original. So the laws, to say the least, are sketchy.

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