LamboClone - The Premier Site for Lamborghini Replica Builders
The Forum => Lessons Learned - Advice to Newbies => Topic started by: 01Lambiero on December 29, 2014, 11:46:19 AM
-
If by chance you are thinking of building a XXXX replica, you might heed my advice and locate a supplier for the body pronto. Don't haggle on the price. See what you are getting before taking ownership. Buy it out of the back door (cash no paperwork etc.) load it at night, cover it and haul the mail. Don't post any facts or pics. Don't tell your wife. IF Jackie got railroaded then you should be able to see what is coming on the horizon.
-
so what you are saying is that anybody with a XXXXX replica should be looking over their shoulder for the rest of the time they own their car ?????
i see your concern about this matter but everybody buying these bodies should be using caution when buying these, thats why the good builders and body makers are not on these forums and are quite hard to find.
-
I can't see why Audi would go after Jackie. Before, Audi claimed that the sellers were using their copyrighted name brands and then it was because the replicas were exact knock offs. Jackie's bodies were neither. Now it seems like they are going to go after anyone who has purchased a body kit. ???
-
how would it work if they were to approach lets say myself and i am out driving my replica car. if its legit registered and plated what grounds would they have to impose legal action on me or demand i destroy the car ?
-
Really? going after owners of built cars? who is getting sued for buying a kit or driving one?
-
As a private person you are allowed to make anything for private use. They can sue if you try to sell copies and make money off of it.
-
Jackie was selling them, we build them
This is how he or anyone else did business anyway, I didn't have any paperwork..
-
I just can't figure why they wanted Jackie's sales list. Is there a difference if he sold 1 or a 100? What court put Jackie out of business? It had become my understanding that my body, which has so many wrong measurements on it, could not be sued as an oem but if A--- wants a recall??? Who is safe? Let's hope all of this washes away so that we can enjoy our hobby. Anybody else tried one of those "Magnum" ice cream bars? I can't stop eating them.
-
There are no worries with Lamborghini suing any of us builders (So please continue posing your builds). Jackie always referred to his cars as "Lambo's" and that he sold "Lambo's" and "Lambo kits" hell he even had a huge Lamborghini bull on the hood of that Murci 4 he sold along with scripts on it. They took his molds not his cars. If we are building these cars as a hobby and not for resale purposes (Ie business making money) we have zero to worry about. You may not want to put badges on the car that is where the line is vague but either way they are not coming to your house and taking your car or any money. Read all of this how you want but that is the law. Most all is stating about business, sellers and distributers which we are NOT we hare hobbyist. There is a LOT more to the law this is just some of the points related to us.
Copyright Law of the United States of America
and Related Laws Contained in Title 17 of the United States Code
http://copyright.gov/title17/92chap13.html (http://copyright.gov/title17/92chap13.html)
§ 1302. Designs not subject to protection
Protection under this chapter shall not be available for a design that is —
(1) not original;
(2) staple or commonplace, such as a standard geometric figure, a familiar symbol, an emblem, or a motif, or another shape, pattern, or configuration which has become standard, common, prevalent, or ordinary;
(3) different from a design excluded by paragraph (2) only in insignificant details or in elements which are variants commonly used in the relevant trades;
(4) dictated solely by a utilitarian function of the article that embodies it; or
(5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 2 years before the date of the application for registration under this chapter.
§ 1309. Infringement
(a) Acts of Infringement. — Except as provided in subsection (b), it shall be infringement of the exclusive rights in a design protected under this chapter for any person, without the consent of the owner of the design, within the United States and during the term of such protection, to —
(1) make, have made, or import, for sale or for use in trade, any infringing article as defined in subsection (e); or
(2) sell or distribute for sale or for use in trade any such infringing article.
(b) Acts of Sellers and Distributors. — A seller or distributor of an infringing article who did not make or import the article shall be deemed to have infringed on a design protected under this chapter only if that person —
(1) induced or acted in collusion with a manufacturer to make, or an importer to import such article, except that merely purchasing or giving an order to purchase such article in the ordinary course of business shall not of itself constitute such inducement or collusion; or
(2) refused or failed, upon the request of the owner of the design, to make a prompt and full disclosure of that person's source of such article, and that person orders or reorders such article after receiving notice by registered or certified mail of the protection subsisting in the design.
(c) Acts without Knowledge. — It shall not be infringement under this section to make, have made, import, sell, or distribute, any article embodying a design which was created without knowledge that a design was protected under this chapter and was copied from such protected design.
(d) Acts in Ordinary Course of Business. — A person who incorporates into that person's product of manufacture an infringing article acquired from others in the ordinary course of business, or who, without knowledge of the protected design embodied in an infringing article, makes or processes the infringing article for the account of another person in the ordinary course of business, shall not be deemed to have infringed the rights in that design under this chapter except under a condition contained in paragraph (1) or (2) of subsection (b). Accepting an order or reorder from the source of the infringing article shall be deemed ordering or reordering within the meaning of subsection (b)(2).
(e) Infringing Article Defined. — As used in this section, an “infringing article” is any article the design of which has been copied from a design protected under this chapter, without the consent of the owner of the protected design. An infringing article is not an illustration or picture of a protected design in an advertisement, book, periodical, newspaper, photograph, broadcast, motion picture, or similar medium. A design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.
(f) Establishing Originality. — The party to any action or proceeding under this chapter who alleges rights under this chapter in a design shall have the burden of establishing the design's originality whenever the opposing party introduces an earlier work which is identical to such design, or so similar as to make prima facie showing that such design was copied from such work.
(g) Reproduction for Teaching or Analysis. — It is not an infringement of the exclusive rights of a design owner for a person to reproduce the design in a useful article or in any other form solely for the purpose of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design, or the function of the useful article embodying the design.
-
§ 1309. Infringement
(a) Acts of Infringement.
(1) make, have made, or import, for sale or for use in trade, any infringing article as defined in subsection (e); or
(2) sell or distribute for sale or for use in trade any such infringing article.
(b) Acts of Sellers and Distributors. — A seller or distributor of an infringing article who did not make or import the article shall be deemed to have infringed on a design protected under this chapter only if that person —
(1) induced or acted in collusion with a manufacturer to make, or an importer to import such article, except that merely purchasing or giving an order to purchase such article in the ordinary course of business shall not of itself constitute such inducement or collusion; or
(2) refused or failed, upon the request of the owner of the design, to make a prompt and full disclosure of that person's source of such article, and that person orders or reorders such article after receiving notice by registered or certified mail of the protection subsisting in the design.
(d) Acts in Ordinary Course of Business. — A person who incorporates into that person's product of manufacture an infringing article acquired from others in the ordinary course of business, or who, without knowledge of the protected design embodied in an infringing article, makes or processes the infringing article for the account of another person in the ordinary course of business, shall not be deemed to have infringed
An infringing article is not an illustration or picture of a protected design in an advertisement, book, periodical, newspaper, photograph, broadcast, motion picture, or similar medium. A design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.
(f) Establishing Originality. — The party to any action or proceeding under this chapter who alleges rights under this chapter in a design shall have the burden of establishing the design's originality whenever the opposing party introduces an earlier work which is identical to such design, or so similar as to make prima facie showing that such design was copied from such work.
(g) Reproduction for Teaching or Analysis. — It is not an infringement of the exclusive rights of a design owner for a person to reproduce the design in a useful article or in any other form solely for the purpose of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design, or the function of the useful article embodying the design.
Pay close attention this this area of the law. I know my replica car is no near Identical or even close. None of us that I know of have Lambo motors, Lambo chassis or suspension, Carbon fiber bodies, headlight washers, etc. Audi/Lamborghini just wanted to use Jackie's sales as a tax write off for loss of sales. Even though they are stupid because over half their parts sales come from replica guys!
-
Anybody else tried one of those "Magnum" ice cream bars? I can't stop eating them.
The bars by Dove Chocolate are way better imo
uh oh, new forum category needed (jk)
-
Thanks to USMC_butler for that great info. Turn up the heat in the garage, I'm coming out!!! ::bounce
Note: New category started on the ice cream bars.
-
Thanks to USMC_butler for that great info. Turn up the heat in the garage, I'm coming out!!! ::bounce
Note: New category started on the ice cream bars.
I wouldn't worry until somebody gets a C&D (Cease and Desist) Letter. But that's not going to happen unless you are selling Copyrighted parts as originals and for profit. Or putting there badges on your "Replica" and selling it on ebay as an original.
-
And right now we all fall under this category " Reproduction for Teaching or Analysis. — It is not an infringement of the exclusive rights of a design owner for a person to reproduce the design in a useful article or in any other form solely for the purpose of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design, or the function of the useful article embodying the design."
At least that is what I am claiming :)
-
They want a list of how many bodies he has sold so they know how much off a loss that they can claim that they have had from him selling bodies.
There will be a large difference in a lawsuit against a guy that sold 2 bodies compared to one that sold 200 bodies.
-
Pay close attention this this area of the law. I know my replica car is no near Identical or even close. None of us that I know of have Lambo motors, Lambo chassis or suspension, Carbon fiber bodies, headlight washers, etc. Audi/Lamborghini just wanted to use Jackie's sales as a tax write off for loss of sales. Even though they are stupid because over half their parts sales come from replica guys!
The copyright laws do not apply here. Copyright only covers written or audio works. What needs to be looked at would be IP or Trademark laws.
If you produce an auto that looks like a Lambo, even if you don't use any Lambo logos, then that is a trademark violation.
-
With all due respect who gives a ratts ---ss jackie was not a good business man period. Incorporate incorporate incorporate! then the judgement is only as good as the paper its written on. Im building G28 bodies and i hope those --ck heads at Lamborghini read my post. I will drop a G28 body on their fargon doorstep! I say forget the drama and keep building your dream, no ones gonna get caught unless your stupid enough to post bodies for sale all over the internet. Remember this amigos...people will always make bodies and lamborghini will always sue someone, then next year more people will make bodies then lamborghini will sue another guy, the cycle never stops its just part of life and you cant stop it, just be happy it isnt you 8) if you really wanna build bodies and sell them on the internet then move here to washington and open shop cause this is straight out of a "wrong turn" movie and theres no city slicker foolish enough to hike around here with a subpoena he'd never make it outta here alive. So Debating over technicalities and the laws will get you no where. Theres no grim reaper working for lamborghini thats going to show up on your doorstep trust me on that one so have a beer, burn a fatty and have fun with your woman tonight! ::thumbup
-
@Fatboyslim :LL:
-
You kill me Fatboyslim!
-
I like how you think FatBoySlim, the kinda guy I love having a beer with!! ::beers Rock on Bro'....who gives a rat's a$$ indeed!! :LL:
-
We all agree the badges and scripts are a problem, and we all know our cars are replicas, I don't have a problem with anyone knowing it's a fake,
And will never say otherwise.
Just a thought why don't we have our own badge and script ? I think the lamboclone script looks great, we could have a donkey instead of a bull