Stretching Definition of Trademark Infringement?

A UK car hire company has created the worlds’s fastest limosine, the stretch Ferrari with a top speed of nearly 170 mph. 

See www.stylelimousines.co.uk

Essentially, the company cuts luxury cars in half and adds center sections from fiberglass, ading additional seating, at minimal additional weight.

Ferrari has ordered them to remove the Ferrari badge from the car, claiming that the scope of modifications is too significant to allow the car to be marked as being a Ferrari.

In truth, the Italian car manufacturers have a point. If someone drives into the elongated side panels, the protection afforded customers does not come up to usual Ferrari standards. The border between minor and major modifications could do with additional clarification however. Clearly, a novel paint job or furry dice does not stop a Jag from being a Jag. If one buys a car, isn’t it one’s own to do what one likes with?

The real question is whether I can be sued by the manufacturers for copyright infringement for denting the bodywork of my car due to bad parking and manouvering, or is this covered by the fair use provision?

Apparently, according to Dr. David Phillips,  a similar question was heard in Rolls Royce v Dodd [1981] FSR 517, where Mr. Dodd put a Spitfire engine into a Roller. What will the Diddymen think of next?



Categories: registered design, trademarks

7 replies

  1. the ferrari limo has been painted red and it looks amzing alot better than black. Red is the true colour for th..e ferrari limo

  2. Th Ferrari limo has changed coour, it is red now hich is the true colour for ferrari

  3. The Ferrari limo has to be the coolest limo ever made, theres been talk of a lamborghini limo being built.

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