Re: [DMCForum] Confiscating Cars?

["Ryan Wright" <ryanpwright@xxxxxxxxx>]

Folks,

On 6/19/06, therealdmcvegas <dmcvegas@xxxxxxxxx> wrote:
>
>  Wait a second, hit the brakes right there. How in the hell are you
>  going to confiscate someone elses property, because it looks like
>  your's? You don't own it, nor are you disputing legal ownership of it,
>  so how the hell are you able to confiscate it for legal ownership,
>  with no proof of ownership, nor a bill of sale, or otherwise? You can
>  stop someone from selling a product that infringes on trademark,
>  copywrite of design, or is counterfeit. But how in the hell can you
>  confiscate a replica that someone has built?!?

You can't. Period.

The owner of the design can sue you, and said lawsuit may be settled
by agreeing to transfer ownership of the replica to the copyright
holder, but in no way can they confiscate it.

Further, I doubt such a lawsuit would get very far when dealing with a
private owner. Unless you are traveling to show after show, using BTTF
logos, or mass producing replicas - in other words, generating a lot
of publicity for yourself, or behaving in a manner whereby a
reasonable person might believe you are part of or sanctioned by
Universal - if you're not doing these things, you should be just fine.
Someone who just builds a car and drives it around town, takes it to
shows, etc, should never have a problem.

>  I know that the movie "Ferris Bueller's Day Off" was landmark, because
>  of the replica Ferarri that was crashed. It infringed upon the Ferarri
>  trademarks, and the company has gone out of business as a result of
>  the law suit. But that was Ferarri who owned the trademarks, and sued
>  someone for manufacturing a counterfeit car.

The people at Ferrari are real touchy about this. They up and sue
people left and right. Yet, you can still buy replica Ferraris.
They'll generally sue the pants off anyone selling replica panels or
parts in quantity, but the guy who builds himself a replica in his
garage is mostly untouchable. They certainly can't confiscate his car.

-Ryan


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