Ferrari Mailing List: Re: Replica Cars

[BRIGANDBAR (BRIGANDBAR]

In a message dated 12/7/2006 1:06:26 P.M. Central Standard Time,  
ferrari-request [at] ferrarilist.com writes:

Britt2Asa [at] aol.com


I'll have to go with Britt on these points, and perhaps add one or  two.  I 
don't really differentiate between group 2 and group 2.5  cars  as Dennis 
describes them. If I were a trademark holder and perceived my position  or 
livelihood as being threatened I would take an aggressive and protective  
position, 
including litigation, but then again, the name "Cobra" has been  applied to a 
number of (vastly) different automobiles albeit legitimately  licensed in the 
context of name usage and could be fast approaching the same  problem as "Band 
Aid" and "Kleenex" faced in the "generic-sizing" of their name  and trademark 
in the vernacular and the loss of exclusivity due to common  usage.
 
And, in the case of well crafted and executed "knockoffs", as Britt has  
described the process of is disassembly and then reassembly of his Ferrari 
there  
is a lot of work and craftsmanship involved in producing or reproducing an  
automobile of high quality. Some of these kit builders must put forth efforts  
similar to his to arrive at a high quality outcome. And, to face facts, in the  
case of many automobiles there just aren't that many left, and few of them 
ever  come to market. Should the unavailability of a specific automobile, or 
its 
 rarity that qualifies it as a "museum piece" preclude someone from building 
a  reproduction. Studebaker folks used to go to Indiana (?) and pick up as 
many  original parts as available, then fabricate or purchase aftermarket parts 
to  "rebuild" their particular hobby cars. Is there really much difference 
between  building a knock-off kit car, and rebuilding a complete care, 
including  
aftermarket parts, to surround a legitimate VIN plate with a valid title?
 
Cars are inanimate objects to be driven and enjoyed, not venerated and  
worshipped. If a kit car owner is happy with his car, or has something that  
would 
not be available to him/her under any circumstances due to its rarity and  
unavailability on any reasonable market why not reproduce it and enjoy it if  
that can be accomplished without violating the law. And in some cases there are 
 
serious improvements to safety components, e.g. disk brakes, that may enhance  
the performance or safety of the reproduction vehicle, or something like air  
conditioning which may just make driving it more comfortable. 
 
I have some furnishings that are reproductions of colonial furnishings that  
just aren't available any more as all existent copies reside in museums and  
historical sites. I'm not ashamed of any of them, my guests in my home don't  
think I've "stolen" Thomas Jefferson's desk or Alexander Hamilton's inkwell and 
 quill pen they just know I appreciate some things representative of a  
period of American history and enjoy having these "reminders" around my  home 
and 
office.
 
As for wearing a knock-off Daytona (fake Rolex, not Ferrari) why not? I own  
a real one and I'm comfortable with the way it works, the buttons to push, 
etc.  and sometimes out on a strip mine, or test site I'd rather not take the 
chance  of scaring up, or breaking the real thing. And sometimes I'm just too 
lazy to  figure out how to make my Citizen Eco-whatever just work as a stop 
watch 
and not  tell me the date and time in Tokyo (while I'm working in AZ or KY), 
GMT or  whatever, and it is simpler just to use a watch that operates, and has 
the same  control elements as my real one. And I don't wear a Patek Phillipe 
when I'm  crossing the border over into Mexico for dinner in Nogales. Not 
worth the  hassles with U.S. Customs at the border, or the pickpockets/thieves 
on 
the  streets of Nogales. If they grab a $50.00 knock-off I'm not getting into 
a  confrontation and the Customs officer at the border can spot a fake at 50m 
and  never even bothers to ask.
 
Dr. Steve  

1964 Rolls  Royce Silver Cloud III    1975 Pontiac GV Conv.
1980 MB  450SL                 1982 RR  Corniche
1988 Rolls Royce Silver Spur 1994 F-350 Powerstroke  4x4          
1996 Bronco  2000 Lincoln Town Car
1995 Ferrari 348 Spyder 2004 Excursion
+ Audrey's 3x  MB's

Dr. Stephen B. Spies, CES, CFI
Director, Forensic  Sciences Laboratory
Explosives Engineering Technologies

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