Davis & Giovanni has a couple of new models in the works. The first from Ferrari features a rare car in original street trim. Here is their representation of the Ferrari LaFerrari Red with Black Wheels. Not too shabby, overall detail looks quite satisfying. She limited to only 20 pieces. The second example finds the LB Performance Aventadoe2.0 Gulf Livery. We kind of like this one. Only 36 pieces will be offered here.
Product# DG18083
Excellent, I will gladly leave this to the people who complain about BBR´s diecast efforts. Go and buy this instead, guys!
D&G are on thin ice with these un licenced Ferrari releases, Ferrari legal division are looking for them now. Good luck with that one!
No worries there. Opel once sued a toy manufacturer for making a model car and using the Opel badge on it. The court ruled that no license is required because models and real cars are clearly distinct products and there is no intention to fake the real product and compete with it. So actually NO model maker needs a license to produce a particular model! CMC make their Ferraris without license from Ferrari!
Here is the link to the case: https://www.internationallawoffice.com/Newsletters/Intellectual-Property/Germany/Klinkert-Zindel-Partner/Federal-Supreme-Court-rules-on-use-of-trademarks-on-scale-models
Germany´s Supreme Court “decided that a car manufacturer cannot rely on its trade mark rights in order to prevent the distribution of toy model cars that are scale models of the original cars bearing the original car manufacturer’s trade mark on the relevant space. The BGH found that such use did not affect the main function of the mark (namely to guarantee the origin of the goods or services to consumers).
In this case indicating the original logo on the goods (here: toy cars), did not fulfil any other functions of the trade mark as the relevant consumer would merely regard the logo device affixed on the defendant’s model car as an exact copy of the mark that the original car had affixed in exactly the same space. Consequently, the mark would only be seen as a reproduction of a detail of the original car. The court stressed that the relevant consumers would not regard it as a reference to the trade origin of the toy car.
As with the L’Oréal decision, this case deals with double identity (identical sign and identical goods). The ECJ reiterated in the L’Oréal decision that in such cases of double identity not only the guarantee of quality of the goods and services as well as the guarantee of origin but also the communication, investment and advertisement functions of the trade mark are being protected. In this context the decision of the BGH, laying down that these functions of the trade mark are not affected by the replication and presentation of the original mark in this context, may be seen as rather surprising. ” Source: https://www.twobirds.com/en/news/articles/2013/genuine-use-decision-bgh-proceedings-opel-autec
Why did Exoto get into so much trouble, i.e. with Ferrari, Chaparral?
Well, I quoted from German jurisdiction under German and EU law. Outside Germany/the European Union laws and jurisdiction might be different of course. As long as manufacturer, retailer and customer are subject to similar jurisdiction, there is no trouble. Where and when were Exoto in trouble for making models not licensed by the Ferrari?
Boy- that goes back some time. That’s why they don’t use “Ferrari” in front of their models. As to Chaparral, there was a deal made about 3 or 4 years ago, between Exoto and Jim Hall. Again, I can’t recall the details. Not hearsay though! ( I’m an attorney myself)
If it goes way back, the court sentence may have changed the game since. It certainly has for CMC who have ended their partnership with Ferrari and have a legal disclaimer instead that reads very much like the court sentence. However, CMC are German and thus protected by Germany´s Supreme Court sentence that I have quoted. It may be a completely different story for Exoto and the laws in the US/California.
More than just these brands. Ever notice how some brands announce a “Ferrari” model but the word or name Ferrari is nowhere to be found in the post? LOL
I believe, in the case of Exoto, the court order bars them from referring to a model as a “Ferrari: if the model came out after a certain date. Note on their web page how their earlier cars have “Ferrari” listed, but the later, newer models are “Exoto Type . . .”
So, obviously really different legislation seems to apply.