Self-assembled Kitcar infringes on Ferrari

Kitcars are self-assembled vehicles. A new body is built on an existing chassis, usually from a middle class car. Aside from being sold as ready-made cars, they are also offered as a kit. A company called Kitcar Collection collects and sells such kitcars.In 2018, this company imports a ready-built kit car from the United States. A logo featuring a prancing horse can be seen on the handlebars and in the center of the hubcaps. The Ferrari word-logo is attached to the front and boot of the car, but covered with black Duct Tape.

 

When the car is offered for sale, Ferrari has it seized. They demand a ban on the use of the trademarks and for the car to be destroyed, as it resembles a 1969 Ferrari Spyder too closely. The court agrees partially.

This use of the trademark is not allowed, even when covered with Duct Tape, because a buyer can remove the tape. As a result of the differences in the between the cars’ bodies, the overall impression of this kit car differs sufficiently from the Spyder. The claim of copyright infringement is therefore rejected. To have the entire car destroyed goes way too far, as an alternative, defendant is ordered to remove the trademarks within two days.

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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?