Copycats, clones and a legal question

This has probably been covered. Sorry for asking again if it has. I was looking at some of my old model cars today and wondered in this world of tribute cars, clones and copies of the originals...Can anyone sue you for building a copy of a car? Say for instance the the 33 Willy's that Ohio George ran. AMT made it into a model and I don't think any reference is made to the idea for the model. The Badman 55 Chevy isn't even based on a real car as far as I can tell. Would people get in trouble if they made a real life copy of the model? There are other examples but these two stick out.

 

All of those Models had a basis in real life.

 

Have not heard of any sued cloners yet.

 

Mainly it's bad if you do something that's going to make you a lot of money and it's based on something you didn't come up with. But doing a real car to look like a model kit that probably isn't in production anymore anyway doesn't seem like it would step on on anyone's toes.

That said, I would like a "Big T" in 1/1

 

Cool Weez because I want a Big Drag real bad.

 

I was actually gonna say "Big Rod" but it didn't sound right-

 

I helped Franco build "The Lightnin Bug" and have seen no problems.

 

Keith, a nice "Big T" clone went for about 15 grand at Mecum in Monterey last August. It was so perfect, I thought it was the real one.

 

I think if a car isn't around any more then a clone/tribute would be ok, but as with just plain copying is not so good, there are already too many Graffiti coupes etc.... You can use your own imagination but still get the "look" your after.

Scotty.

 

Shouldn't be any problem, just like a band "covering" someone else's song, as long as you don't try and pass it off as the "original"

 

Build what YOU want, the way YOU want, and if someone gives you shit, give them the finger.

 

I've always wanted a real Grandpa Munster Drag-u-La casket drag car.

Building it would be another thing, but one day...!

 

I would think you could build a car anyway you want but nameing it the same name as the "real" car or model and showing it for money or other profit may make trouble. I have no legal training but I would think if you don't make any profit from a trade marked item you would be OK.

 

I think we may be on the same wave length. I can see building a tribute car to a car that was well known in the past as long as you make no bones that it is a tribute car.

I can't see or comprehend why someone would get so excited about building the 999th clone of the Grafitti Deuce though. You could actually have an American Grafitti clone car run that was closed to all non clones and have 500 cars show up when you start adding all of them up. And some guy is sure to show up with a Vespa. Not all of them would be good or accurate clones but every one of them was built to look like one of the cars in that movie.

On a gasser style Willys I'd rather see a guy take the style cues from a car out of the past and make it his own car rather than a clone. Keep it period correct and even run the same color paint and same style lettering but put your own name on the side in that lettering. Have it be one of those first look/second look things that looks great, honors the original car but isn't an exact clone.

 

I was on a Batmobile site that related a story of a guy who built a Batmobile clone and was exhibiting at a car show. The story goes that Barris showed up and legally seized the car.

 

I have one...

 

The Badman model has always said Tom Daniels "BADMAN". I researched that several years ago. Does anyone have proof that the car/a car existed before that model was created.

 

If I owned and made a living exhibiting Grandpa Munster's Dragula, or selling T-shirts with Dragula on it, or ever wanted to, and someone made a clone. It would be in my best interest to send the cloner a Cease and Desist Order. After all, he might park his in front of a crack house, be seen driving it drunk or something and ruin my car's reputation. It could kill my T-shirt sales to kids. As to whether it's worth it to pursue a lawsuit depends on things like: What would I win versus expenses put out. I would most likely have to be able to prove monetary damages to collect them.

 

I should add that I am like most of you guys do what you want but It would suck to build a Badman replica and have some bloodsucker show up and try and take it away. I guarantee that would make the national news....in a bad way.

 

That was batmobile #5.

 

Get ahold of Tom Danials and ask for his blessing.. I'm sure he like us would love to see the build pics..

 

I haven't heard of Ford confiscating any Brookville bodies. Imitation is the most sincire form of compliment.

 

It happens all the time with movie cars. And then there's the show boats like George Barris who have clones that he flaunts as original and no one bats an eye because he's George Barris. A friend of mine makes reproduction decals for Herbie the Love Bug. How good are they? Perfect, they were traced from an unrestored movie car and both he and I used them on our original Herbies (yes I have the Disney pink slip to prove it). Any way they're so good, Disney them selves have bought them in the past for cars used at Disney World. At this point now, Hollywood studios and model companies aren't making the kind of money they once did from movies and cars that were produced 30,40, 50+ years ago. So As long as you're careful and cross all the Ts and dot all the Is, and don't claim it to be the original, you're pretty much safe.

I did some events with Disney to promote Herbie Fully Loaded in 2005 and was straight up that my car was a 100% genuine Disney owned and built Herbie. Even at all 3 events, I never once had the rep from Disney ask to see anything.

 

Post #55.

http://www.jalopyjournal.com/forum/showthread.php?p=6329940&highlight=batmobile#post6329940

 

Whoever uses the Ford name on a product has to get permission from Ford if they are going to sell it to make a profit. That goes for any company that has a copyright,a patent or a trademark. Otherwise they can be sued.

 

Whatever you do, please don't make another General Lee.

 

Hell Yeah...

 

lol!

 

I remember going to a show once, this guy drives up in a bright red Torino with the obligatory white stripe à la Starsky & Hutch, he's got his windows rolled down, car stereo booming out some funky "boom chick-a-wah wah" 70s disco, his aviator shades and a brown leather jacket. Obviously thinks he's the coolest thing since the last ice age. So he leans out of the window and says to the guy at the gate "where do you want me to park her?" So the Marshall gives the car a good long look and then replies "third row on the left, next to the other two." I think he probably said something similar to the two general Lee's in the same row. I know it probably happens all the time over in the States, but here in little old England, well, I just wish I had a picture of that guy's face.
Paul

 

I'm sure the guy created some problems for himself, but I don't see where Barris could actually seize the car. He isn't the registered owner of the car. Some authorities could get involved and either the Feds or the local cops could do a seizure, but Barris being a private citizen would have no legal basis for taking the guy's property. Barris could sue, but the car owner could show the original Ford concept car photos and show that Barris was NOT the originator of the car, he only tweaked it. It would be in court too many years for Barris to bother with. Besides that, wouldn't DC comics or somebody else own the Batman rights?