Author Topic: CarKitInc Sued By Lamborghini  (Read 51549 times)

Tallon

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Re: CarKitInc Sued By Lamborghini
« Reply #110 on: October 02, 2014, 12:04:56 PM »
Like I said, what "customers list"?
I paid cash and wasn't asked to sign anything, he temporarily knew me by my first name.
Well I guess if he's required to come up with some imaginary list he's in trouble, but not sure on the unhappy customers bit.
« Last Edit: October 02, 2014, 12:06:37 PM by Tallon »

BigPines

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Re: CarKitInc Sued By Lamborghini
« Reply #109 on: October 02, 2014, 11:23:04 AM »
Thanks Charley.

Since you seem to know a lot about these legal issues, it a problem for a company to sell replacement panels? I suspect so.
If I don't have time to do it right, when will I have time to do it over?

76mx

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Re: CarKitInc Sued By Lamborghini
« Reply #108 on: October 02, 2014, 10:56:46 AM »
Let me try to explain it another way. A guy gets busted for selling a fake Rolex. Even though the guy he sold it to is just wearing it for personal use, not trying to profit, he still does not get to keep it, it has been judged in violation of the Lanham Act and they have the right to have it destroyed. At this point it does not matter the percentage of accuracy, it has already been determined by the trial that it is a fake, period. Please do not shoot the messenger, I am not on either side here. To quote Will Rogers "I just call em like I see em". You can debate the grey areas and loopholes but this much is black and white. If Jackie would have given up that customer list and then lost this suit, there could be a lot of unhappy campers right now. As far as Extreme, you would have to ask Lambo's lawyers that question, but here is a thought. If I am that lawyer, I only get paid when I find a good target. 

Tallon

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Re: CarKitInc Sued By Lamborghini
« Reply #107 on: October 02, 2014, 07:18:22 AM »
Not sure what you are trying to say..
He's getting sued for profiting off of replica bodies
Has nothing to do with what WE do with it after
and a celica doesn't resemble a lamborghini at all, someones "opinion" of it looking like one doesn't change the fact that it's 100% physically different..
As for extreme I don't know. Maybe they get away with selling it in panels, we prefer our G28's in one piece. I'm sure more triG bodies have been sold compared to extreme's as well.
« Last Edit: October 02, 2014, 07:21:30 AM by Tallon »

Matty99dun

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Re: CarKitInc Sued By Lamborghini
« Reply #106 on: October 02, 2014, 05:06:46 AM »
So are Extreme next on Lamborghini`s list from what is being said-
No company can offer a ( KIT ) to build a replica if for profit purposes, or they can be sued.
A company can offer replacement panels for profit purposes
A individual can no be sued for building a replica car for his own purpose.

So if a person/persons got together and started two separate business, one was called FGPP Fibre Glass Panel Parts. and they sold the body in panel form, and the second person started a business called MKCP Metal Kit Car Parts. and they sold kitcar parts, they both are separate entities
and business but when the two products are combined you could produce a replica car.... that sould solve the problem.
the two business could even be run from the same location as long as the end product was never pictured with the advertisement of either business, but this could be a bit risky.

Also I find it hard to believe there is no percentage of copyright. Its only an opinion  of a individual if something resembles someone else's product.
Example~ if I build a Murcie then I use reventon
Head lights does it still resemble a murcie or a reventon ???
Example~ if I build a murcie and the doors open like a regular car, then I badge it as a Toyota ( MR2 used as donor )
Or what if these 2 are combined ??? how much has to be changed to not resemble??? it comes down to the each Individual person
I cant think of its name but there is a car built on a 300ZX Nissan and the company offers a kit, in my opinion this car looks like a lambo ???
there are a lot of other companies copying other companies designs and with a few changes its ok for them to continue business, so I believe there must be a percentage of difference otherwise I can stick lambo badges and scissor doors on a Celica, offer the lot for regular sale, it looks nothing like a lambo but and a old lady says look its a Lamborghini~I can be sued.
One other point why have Lamborghini let business get away with it for so long???? are they now just realising that the public can now get our cars looking more like theirs than ever before???
A Lawyer once said to me ( there is always a loop hole, you just have to find it... no one is going to tell you its there, its up to you to know what it is before you find yourself in court. And make sure you only go right to the edge of breaking the law, but not break it ! )

does anyone know the laws in the UK?? they have been building replicas for years ( DNA ~ EXTREME ) must know something?



Tusabes

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Re: CarKitInc Sued By Lamborghini
« Reply #105 on: October 02, 2014, 12:40:38 AM »
in the USA they can't seize an individual owners car that they bought from a kit seller. In other countries they can .

It is perfectly legal for builders to make their own replica for personal use.

76mx

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Re: CarKitInc Sued By Lamborghini
« Reply #104 on: October 01, 2014, 11:08:22 PM »
I don't see how I would have made it on this list in any way, wouldn't think many people are
Good to know but it is still an interesting legal tactic. When they pursue the seller, it is like a giant whack-a-mole game, one is shut down but two more pop up and the market continues. By pursuing the buyer, it is a different story. If the buyer is concerned enough about a several year and several tens of thousands of dollars investment being seized by a court order, and is reluctant to purchase a copied body, then the market may dry up. 

Tallon

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Re: CarKitInc Sued By Lamborghini
« Reply #103 on: October 01, 2014, 10:56:47 AM »
I don't see how I would have made it on this list in any way, wouldn't think many people are
« Last Edit: October 01, 2014, 11:00:18 AM by Tallon »

76mx

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Re: CarKitInc Sued By Lamborghini
« Reply #102 on: October 01, 2014, 09:51:25 AM »
I do not know any of this for a fact, but I offer a very logical explanation. Part of the Petition wanted a recall of all units sold. If Jackie would have complied with the Discovery and given his customer list, rough math says 200 cars at $50,000 each. That comes to ten million dollars in a potential Class Action Suit by his customers. The $175,000 might be the better way out, and no legal fees. You are right about the corporate protection, to an extent, so why does the number really matter? Here is what it comes down to. Jackie can have Lambo mad at him or he can have the whole kitcar world mad at him. Now a question, who is Ned Branthover, the guy with the declarations mentioned in the Petition?

Fatboyslim

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Re: CarKitInc Sued By Lamborghini
« Reply #101 on: September 30, 2014, 11:32:08 PM »
 im not proud to say this but i have been sued before and i learned it is very important to become incorporated as a business whether large or small. I hope jackie was incorporated, this way his personal assets are protected and the judgement is only as good as the paper its written on. They cannot even touch your personal credit or anything. not to mention huge tax benefits. i hope thats what Jackie did. jackie seems like a good businessman so im sure he has a plan "b" . He will hopefully start over again under a different name. Its a strange feeling that the very company we idolize hates our existance  :-[
« Last Edit: September 30, 2014, 11:53:11 PM by Fatboyslim »

Tusabes

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Re: CarKitInc Sued By Lamborghini
« Reply #100 on: September 30, 2014, 11:15:24 PM »
He will just file bankruptcy and start as a new company just like fugazzi did

Lambo won't get any $$$ out of him

am33r

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Re: CarKitInc Sued By Lamborghini
« Reply #99 on: September 30, 2014, 10:07:57 PM »
Jacki this is a toast for your wonderful contribution whatever you're doing today  ::beers cheers man

BigPines

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Re: CarKitInc Sued By Lamborghini
« Reply #98 on: September 30, 2014, 09:16:58 PM »
I hear ya bro. I'm still dreamin' myself.
If I don't have time to do it right, when will I have time to do it over?

Fatboyslim

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Re: CarKitInc Sued By Lamborghini
« Reply #97 on: September 30, 2014, 09:12:26 PM »
maybe in a few years, im just dreaming...its like being on a diet but i like to still look at the menu  :)

BigPines

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Re: CarKitInc Sued By Lamborghini
« Reply #96 on: September 30, 2014, 09:09:58 PM »
Hey, I thought you were in the car selling mode not the car buying mode! ;)
If I don't have time to do it right, when will I have time to do it over?