Club Cobra Gas - N Exhaust  

Go Back   Club Cobra > Cobra Talk Areas > ALL COBRA TALK

Welcome to Club Cobra!  The World's largest non biased Shelby Cobra related site!

  •  » Representation from nearly all Cobra/Daytona/GT40 manufacturers
  •  » Help from all over the world for your questions
  •  » Build logs for you and all members
  •  » Blogs
  •  » Image Gallery
  •  » Many thousands of members and nearly 1 million posts! 

YES! I want to register an account for free right now!  p.s.: For registered members this ad will NOT show

Nevada Classics
Keith Craft Racing
Main Menu
Module Jump:
Nevada Classics
Nevada Classics
MMG Superformance
MMG Superformance
Advertise at CC
Banner Ad Rates
Keith Craft Racing
Keith Craft Racing
MMG Superformance
December 2021
S M T W T F S
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31  

Kirkham Motorsports

Like Tree1Likes
  • 1 Post By patrickt

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 02-12-2021, 01:24 AM
CC Member
Visit my Photo Gallery

 
Join Date: Oct 2007
Location: Cape Town, WC
Cobra Make, Engine: Shamrock
Posts: 331
Not Ranked     
Default Bad news for replicas?

This from our local Cobra Whats App group made my blood boil:

CROWDFUNDING SUPPORT AND UNDERSTANDING THE ENTHUSIASTS RUINED BY JAGUAR IN ITS BID TO BAN REPLICAS

Jaguar Land Rover's insanity causing irrepairable to its own image and a slap in the face to its biggest supporters around the world

Jaguar Land Rover recently sued a lifelong Jaguar enthusiast, Karl Magnusson (age 68), for copyright infringement after building a C-type replica in his home garage in Gothenburg Sweden, despite decades of global public approval of the replica industry from Jaguar themselves. Jaguar won. Unless Overturned, the ruling is expected to set a global precedent for car manufacturers, opening up copyright proceedings for other car models across the global car industry.

Swedish pensioner and honorary member of the Swedish Jaguar Club, Karl Magnusson was invited by senior management to the Jaguar Land Rover Classic UK HQ in 2016 to give a
presentation about his C-type project. “Our C-type replica was going to be the cherry on top of our small private collection of restored Jags,” says Magnusson. That collection has had to
be sold to fund lawyer costs.

Despite two years of correspondence regarding future project collaboration, meetings and nothing but praise from Jaguar Classic management, Mr. and Mrs. Magnusson were sued in
2018 by Jaguar Land Rover for copyright infringement. A staggeringly uneven battle began between a global corporation and retired pensioners, who have had to put everything on the
line.

“We feel so betrayed. They had every opportunity to warn me if I was doing something wrong.” says Karl Magnusson.

After a surprising verdict by the Stockholm District Court in December, Karl and Ann-Christine were found guilty of copyright infringement and their privately-built C-type replica deemed illegal and subject to destruction - a project inspired by passion that took nine years of research and labour to complete.
In addition, the Magnussons are required to pay Jaguar Land Rover’s legal costs of £450,000.

Furthermore, JLR can also claim damages.

“We don’t understand why a multi-billion dollar company needs to destroy the lives of two grandparents. And this is just one of at least 1,500 replica C-types built globally in the past 45 years.

The consequence of the verdict is that all owners of C-type replicas now risk being forced to destroy their cars when JLR comes after them,” said Ann-Christine.

As for the replica industry, this verdict giving a 70-year-old car shape copyright protection is likely to have far-reaching consequences - in essence, making all C-type replicas unlawful to display, sell or use on public roads or in other public circumstances, under threat of penalties and/or destruction.
While this is a verdict by a Swedish court, because of EU directives the judgement will be invoked in other EU countries, potentially threatening the entire European replica industry.
Under the current understanding of relevant agreements, this can be invoked in the UK even after Brexit.

Due to this verdict, other car makers can use this precedent and claim copyright of their historic models, threatening 10s of 1,000s of Ferrari, Ford GT40, Porsche, AC Cobra, Aston Martin and other replicas.

“We don’t understand where this has come from considering Jaguar's history of supporting the replica industry,” states Karl Magnusson.

“We feel it’s so hypocritical of Jaguar to sue us when their own senior management privately build, commission, race and own C-type replicas themselves.”

Over the years Jaguar have supported the replica industry in various ways. No less than three
Jaguar CEOs have supplied close to 2,000 drawings to replica builders as well as given
awards to replica builders. Three Jaguar senior managers and one Director, previous and
present, have privately built and raced C-type replicas themselves.

“The Engineering Manager at JLR Classic, who met with us, was used as a witness against us in court, all the while keeping his own C-type replica in his garage.”

Since 2015, 25 historic Jaguar Land Rover Classic Challenge races have been held, and 5 more are planned this year, publicly inviting replicas.

On YouTube official Jaguar Land Rover marketing films feature proud displays of replicas.

You can even pay to take the Jaguar Land Rover “Classic Drive” experience, which includes driving C-type and D-type replicas. None of them built by JLR.

JLR Classic Works are currently launching their own “continuation” replica E-types and C-types with the help of replica producers in the UK, who are the ones with the skill and
knowledge to produce the parts. In other words, at the same time as JLR are calling replicas illegal and pursuing this in the courts, they financially support and cooperate with replica producers.

And it does not stop here: just google “JLR Replica” and the first hit takes you to an official Jaguar Land Rover dealership, selling US kit-car C-type replicas on their website.
https://www.jlrclassics.com/cars/

Despite the initial setback, the Magnussons remain determined to continue the fight and proceed with an appeal. “Anyone who has been involved with classic cars would understand the absurdity of all Jaguar replicas suddenly becoming illegal. The court ruling is highly questionable to say the least, and we have a very strong appeal,” says Karl Magnusson.

The appeal process will put a further extreme financial strain on the retired couple and their family. “We are going to have to sell our house and all of our belongings if we lose an appeal. Jaguar would essentially make us homeless.”

The Magnussons have now resorted to crowdfunding to raise the needed funds, hoping for the engagement of the replica community to support them through the appeal process.

Unless the ruling is overturned in the Court of Appeal, it will not only open the door for Jaguar Land Rover to continue to sue and crush small replica builders and passionate Jaguar enthusiasts but sets a precedent for all other car manufacturers, threatening replica builders and owners on a global scale.

Enthusiasts worldwide are encouraged to share this on social media and to donate any amount, however small. At the Go-Fund Me page https://gofund.me/f6916372

For more information and direct quotes, please contact Elizabeth Magnusson, daughter of Karl and Ann-Christine Magnusson and Official Spokesperson.
Email: magnusson.jag@gmail.com
Phone: +46 734-136047
Reply With Quote
Sponsored Links
Sponsored Links
  #2 (permalink)  
Old 02-12-2021, 05:41 AM
joyridin''s Avatar
CC Member
Visit my Photo Gallery

 
Join Date: Feb 2009
Posts: 1,614
Not Ranked     
Default

SMH...they probably do not even have the money to appeal the ruling. I would have thought if you brought the CEO to testify and ask him if he has a replica in his garage, that would have pretty much summed up the case. Add to that Jaguar supplied prints should have set a precedence right there.
Reply With Quote
  #3 (permalink)  
Old 02-12-2021, 05:47 AM
patrickt's Avatar
Half-Ass Member
Visit my Photo Gallery

 
Join Date: Jun 2005
Cobra Make, Engine: ERA #732, 428FE (447 CID), TKO600, Solid Flat Tappet Cam, Tons of Aluminum
Posts: 20,985
Not Ranked     
Default

Quote:
Originally Posted by Snake2998 View Post
the ruling is expected to set a global precedent...
There is no such thing as a global precedent. And Sweden has more bizarre laws in it than a dog has fleas. And no, Ellie does not have fleas.
1985 CCX likes this.
Reply With Quote
  #4 (permalink)  
Old 02-12-2021, 06:02 AM
undy's Avatar
CC Member
Visit my Photo Gallery

 
Join Date: Jul 2005
Location: Virginia Beach, Va & Port Charlotte, Fl.,
Posts: 2,231
Not Ranked     
Default

Quote:
Originally Posted by patrickt View Post
There is no such thing as a global precedent. And Sweden has more bizarre laws in it than a dog has fleas. And no, Ellie does not have fleas.
Only because she's "stored" in the plastic bag with your Cobra....
__________________
Too many toys?? never!
Reply With Quote
  #5 (permalink)  
Old 02-12-2021, 08:31 AM
cycleguy55's Avatar
CC Member
Visit my Photo Gallery

 
Join Date: Feb 2014
Location: White City, SK
Cobra Make, Engine: West Coast, 460 CID
Posts: 2,603
Not Ranked     
Default

Subject to appeal, this may apply to Jaguar replicas in Sweden, but doesn't apply to Cobra replicas in North America. Carroll Shelby tried to do what JLR apparently has been successful in doing in Sweden, and the courts shut him down. That ship has sailed, whether aluminum or fiberglass.
__________________
Brian
Reply With Quote
  #6 (permalink)  
Old 02-12-2021, 03:52 PM
Chicagowil's Avatar
CC Member
Visit my Photo Gallery

 
Join Date: May 2015
Location: Dual location, Boston & Lake Geneva, WI, WI
Cobra Make, Engine: Classic Roadsters 427, 5.0/Supercharged
Posts: 245
Not Ranked     
Default

It is, as I understand, a position formed by Tata Motors in India. Had been thinking about purchasing a Land Rover Defender to replace my aging Toyota FJ Cruiser. Guess they just helped me make a decision as what not to purchase!

It was bad enough that Jag had left all "heritage" styling behind years ago with all of their newer designs. As having had two Jags previously, I was and have continued to be let down by the newer designs.

Thom

Last edited by Chicagowil; 02-12-2021 at 03:53 PM.. Reason: spelling
Reply With Quote
  #7 (permalink)  
Old 02-12-2021, 06:37 PM
CC Member / Sponsor
Visit my Photo Gallery

 
Join Date: Jan 2002
Location: Provo, UT
Cobra Make, Engine: Daytona Coupe
Posts: 1,345
Not Ranked     
Default

Interestingly...
Ferrari lost their trademark.

https://www.forbes.com/sites/michael...h=73382b9d7993
__________________
PTH Racing Oil
www.PTHoil.com
Cubic Performance
Reply With Quote
  #8 (permalink)  
Old 02-12-2021, 06:48 PM
twobjshelbys's Avatar
CC Member
Visit my Photo Gallery

 
Join Date: Jan 2009
Location: Las Vegas, NV
Cobra Make, Engine: Shelby CSX4005LA, Roush 427IR
Posts: 4,488
Not Ranked     
Default

Of course they have the right to protect their trade dress. Shelby lost because he hadn't enforced his. Seems like Ferrari did too. Jaguar got a favorable ruling in one jurisdiction but will it be EU-wide?
__________________
Cheers,
Tony
CSX4005LA
Reply With Quote
  #9 (permalink)  
Old 02-13-2021, 04:19 PM
cycleguy55's Avatar
CC Member
Visit my Photo Gallery

 
Join Date: Feb 2014
Location: White City, SK
Cobra Make, Engine: West Coast, 460 CID
Posts: 2,603
Not Ranked     
Default

Quote:
Originally Posted by Tom Kirkham View Post
Interestingly...
Ferrari lost their trademark.

https://www.forbes.com/sites/michael...h=73382b9d7993
Do you think Carroll Shelby is still shouting "Ferrari's A$$ Is Mine!" from the grave?
__________________
Brian
Reply With Quote
  #10 (permalink)  
Old 10-15-2021, 09:55 PM
CC Member
Visit my Photo Gallery

 
Join Date: Jun 2012
Location: KILMORE, Vic
Cobra Make, Engine: Replica Motor Company
Posts: 195
Not Ranked     
Default

Very interesting. Why did Carrol Shelby/Bruce Manx and others lose their cases? Honda left their patents to lapse and Atomic Motor cycles copied allegedly their motorcycles without prosecution.Patent Lawyers who got replica cars should chime in and assist the Swedish enthusiasts beside crowd funding which is encouraged.
Reply With Quote
  #11 (permalink)  
Old 10-15-2021, 10:50 PM
rodneym's Avatar
Full Blown Member
Visit my Photo Gallery
Premier Contributor
 
Join Date: Sep 2008
Cobra Make, Engine: KMP 427 S/C, Twin Paxton 511 FE
Posts: 2,592
Not Ranked     
Default

Quote:
Originally Posted by patrickt View Post
There is no such thing as a global precedent. And Sweden has more bizarre laws in it than a dog has fleas. And no, Ellie does not have fleas.
but is Ellie a bizarre Swede?
__________________
rodneym
Reply With Quote
  #12 (permalink)  
Old 10-16-2021, 06:28 AM
CC Member
Visit my Photo Gallery

 
Join Date: Apr 2021
Location: Rainbow valley, Az
Cobra Make, Engine: Lone star 351w /408cu.in.
Posts: 148
Not Ranked     
Default

I don’t understand the case basis. There has to be damage. Was magnussen selling in some way a product associated with the copyrighted material?
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -7. The time now is 12:13 PM.


Powered by vBulletin® Version 3.8.0
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0
The representations expressed are the representations and opinions of the clubcobra.com forum members and do not necessarily reflect the opinions and viewpoints of the site owners, moderators, Shelby American, any other replica manufacturer, Ford Motor Company. This website has been planned and developed by clubcobra.com and its forum members and should not be construed as being endorsed by Ford Motor Company, or Shelby American or any other manufacturer unless expressly noted by that entity. "Cobra" and the Cobra logo are registered trademarks for Ford Motor Co., Inc. clubcobra.com forum members agree not to post any copyrighted material unless the copyrighted material is owned by you. Although we do not and cannot review the messages posted and are not responsible for the content of any of these messages, we reserve the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold us harmless with respect to any claim based upon transmission of your message(s). Thank you for visiting clubcobra.com. For full policy documentation refer to the following link: CC Policy
Links monetized by VigLink