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I'm not clear on what legal grounds Ferrari could even make a claim here. The owner of the custom made look-alike car didn't create the car and never tried to s
by mrandish 3y ago
I'm not clear on what legal grounds Ferrari could even make a claim here. The owner of the custom made look-alike car didn't create the car and never tried to sell the car. If Ferrari could prove that the car was substantially similar enough to infringe on their trademarked design AND likely to cause confusion, they might be able to impound the car and have it destroyed, similar to fake Rolex watches or Mickey Mouse t-shirts. But collecting punitive damages or prison time seems crazy. Maybe Spanish law is weirdly different but most western nations generally conform to WTO standards around IP. I suspect we're not getting the whole story here.
- jjeaff 3y agoI have never heard of any company being able to impound fake products from the end consumers either. It's possible they have never tried, but normally they are only seizing product en masse from people selling it.
- CaptainZapp 3y ago> I have never heard of any company being able to impound fake products from the end consumers either. Try importing a fake Gucci bag that you bought cheaply at Patbong Road in Bangkok to Italy. It won't only be impounded you'll also be hit with a fine in the 1000s of Euro. Same in France. Other countries may not be that excessive but you can be sure that your fake Rolex is toast when they catch it at customs. Sure, it's not the companies impounding the fakes but customs on their behalf.