Ferrari Limo – a stretch too far?
Dan Cawley, the creator of the world's fastest limousine – a stretched Ferrari that can reach speeds of up to 160mph – has been asked to remove any notable Ferrari Trademarks from the vehicle within 14 days.
Ferrari's reasoning is that Mr Cawley's vehicle is infringing their Trademark rights – they do not manufacture a stretched Ferrari, do not want to be associated with such a vehicle and do not wish for Mr Cawley to profit on the back of their registered Trademark.
Mr Cawley on the other hand is protesting his innocence, stating that the vehicle is his own to do with what he pleases, "What kind of precedent does it set when you can't do what you like with your property" and he would appear to have a point.
Do you think it is necessary to contact the manufacturer of your D&G suit every time you put it to the tailors – that is modification afterall. At which point does the modification on your personal property render the item so different that it can no longer be classed as the initial product and so different that it infringes the Trademark on the initial product? This is a clear line that the courts may have to paint in this case, should Mr Cawley refuse to comply with Ferrari's requests.
So, why are Ferrari so concerned? Surely the old adage, "Any publicity is good publicity" would be relevant here – the car has just been entered into the Guinness Book of World Records.
Well, Ferrari as the holders of the Ferrari Trademark have to be seen to be actively protecting it, if an inadvertent breach has occurred and they do nothing – they may lose the right to take action against similar breaches in the future.
A type of Intellectual Property, Trademarks are a way to clearly distinguish your product from your competitors. Ferrari has a long established Trademark and to lose such recognition through non-enforcement would be catastrophic – there could be hundreds of prima facie Ferraris on the streets and we would not have the ability to tell which is genuine. Ferrari would lose its prestige.
The case is worth monitoring – should Mr Cawley not remove the Ferrari symbols from his limo – a court case may ensue at which point we will be able to define just how far the protection afforded by Trademarks can be stretched.
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