RE: [DMCForum] Indecent stickers
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RE: [DMCForum] Indecent stickers



A similar thing happened with a kit car company making the Lamborghini
Countach.  I think the company name was Provo.

Their replica was so exact, as in down to the millimeter in some places; it
was as if they pulled molds off a real car.  Supposedly Lamborghini sued
them into nonexistence.

Ferrari did a similar thing with a kit car company but I think the end
result was they could not put the Ferrari logo on the car.  Owners would
later add the badges themselves.

Disclaimer:  This is all stuff I read long ago and is from memory.  The
actual details and events may or may not be true.  I could have even pulled
part of this out my ass.

Greg


-----Original Message-----
From: DMCForum@xxxxxxxxxxxxxxx [mailto:DMCForum@xxxxxxxxxxxxxxx] On Behalf
Of Ryan Wright
Sent: Tuesday, June 20, 2006 12:11 PM
To: DMCForum@xxxxxxxxxxxxxxx
Subject: Re: [DMCForum] Indecent stickers

On 6/20/06, Bob Brandys <BobB@xxxxxxxxxxxxxx> wrote:
>
>  I personally know Andy Perillo and what he went through with WB with
>  the Batman car.  Also, cars CAN BE confiscated. (It is done routinely
>  in drug busts.  It is done routinely with parking ticket violators.  It
>  is done routinely with people who drive cars that failed emission
>  tests.)

Bob, Bob, Bob... Criminal confiscation of cars is done by the
government, not a private party. Surely you can see the difference
between the two entities.

I challenge you to find me any legal precedent for a private party
confiscating the vehicle of another private party where the owner
holds clear title. I don't mean heresay, I mean a legal precedent - a
transcript of an actual court decision. You won't find one because it
hasn't happened. And yes, a corporation is a private party.

> It was done with other Batmobiles.  The legal theory is
>  simple.  It is the same as confiscation of "fake" fancy brand
>  merchandise.  Yes, the illegal copies were owned by the "Faker" but the
>  name brands just took ownership.

A completely different situation.

> the under neath chassis has nothing to do with it.

No, you're wrong. If I built a replica Ferrari out of a Fiero, Ferrari
has no right to that Fiero chassis, which, incidentally, is what will
be written on the title: 1988 Pontiac Fiero. They can't come in and
say, "You have to give me your Fiero because it looks like one of our
cars."

>  NEVER underestimate what corporations will do.

I don't. But corporations are not the government and they don't have
the same rights.

-Ryan



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