Wow....I just had my listing for my 2023 build VMC on eBay taken down under their "Unauthorized Copy/Counterfeit Policy". I should feel honoured that it was Porsche themselves that made Ebay take it down. It was described the same way as other cars have been on Ebay and BAT. This is the same car I showed here as a Classified listing, with a link to Ebay. Hmmmm maybe this is a sign from the Speedster Gods that I should keep it and sell my BMW to make the space I need.
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Further to that, no Porsche badges etc were shown in the listing.
But was it described as a "Porsche Speedster"?
I'm actually surprised Porsche isn't more active in going after these.
Yes, but I read previous listings that were described the same way....and hit the "do you have one sell" button after reading one. There have been many sold like that. I would have preferred that Ebay gave me an opportunity to amend the listing.
From what I recall, Porsche has been making Ebay take down listings for years that make any reference to "Porsche" on a replica.
Perhaps they missed the last few listings, but this has been well documented in the past.
I think you can get away with the word Speedster, as long as Porsche isn't attached to it.
@Panhandle Bob posted:I think you can get away with the word Speedster, as long as Porsche isn't attached to it.
My understanding as well. Speedster isn't copyrighted.
It's better when the eBays of the world apply their policies consistently. I don't think there's any question that Porsche has the high ground on when and how their name is used, so eBay is being smart. I'm with Panhandle keep "Porsche" and "Speedster" clearly separated or be ready to redo similar listings.
speedster is like roadster, coupe, 2-door, 4-door, salon, etc., referring to a body style and is not a trade mark. Although, I once heard, the font that Porsche uses in their badging ca. the 1950's and onward IS copyrighted and you cannot find it anywhere. I tried.
Consistency is the key word. By the way, there are other Porsche Speedster listings still active on Ebay - Porsche and Ebay only came after me. The irony is....they are all Vintage Speedster builds, same details - mine clearly states it is a "replica"....AND mine has NO emblems, logos or badges on the car; the other listings have them in every photo. I actually copied a previous VMC car ad, that already sold .....for my listing. There is something that smells in Denmark....I mean Germany. I asked Ebay; what if I remove the reference to Porsche in the listing.....they did not care to discuss it. I dread that BAT is my next option; or maybe I will just keep it.
This won't work for Speedster because it is all caps.
well how about that! I was curious about this font business several years ago, maybe this is new since then?? PORSHA??
click the link
Ferrari and Jaguar seem to be far more agressive - demanding that the replica be crushed! Ask the Miami Vice guys (Crockett and Tubbs) about the Tom Mcburnie black '72 Ferrari Daytona 356. 2 were built - Producers were forced to blow one up on a show and other was abandoned for 20 years in desert before being put in a museum. Guy in Sweden hand built a Jag with Jag running gear and it was seized and crushed!
And I get that....as mentioned in the string; it is their brand name. What I don't get is how Porsche can tell Ebay that I cannot list the car at all.....even if Porsche is not mentioned in the ad or shown in the pics; and Ebay complies. My car does not have their emblems/logo on it, while the other listings mention Porsche AND have the Porsche logo appearing in all their pics. And lastly, I get how Porsche, Jaguar and Ferrari want to flex their brand muscles over this....but the Speedster replicas and even McBurnie's car.....represent models they are NOT even manufactured any more?! Taking their brand name out of the listings should be enough.
One question -- were you trying to list in the "Porsche 356" section? If so, then there's your answer.
I'm not sure why some listings slip through, but this has been the lay of the land for at least 10 years. You've always been free to list it in the "Replica/Other Makes" section, as long as none of the trademarked words appear. I understand they don't sell well there, but that's what eBay and Porsche want you to do.
Not sure about the sections - my only reference to Porsche was in the title - nowhere else in the ad. The other listings have Porsche in the title; but I stated it is a replica in my title; the other listings do not. I think savvy buyers know how to search for them; I had 1,000 views and 35 watching. If I do decide to sell, I will need to use BAT....and face some of the lame-ass questions from haters; ugh.
I think the overall conclusion already posted is spot on but I'll add a little more insight that might help folks posting their replicas in the future. Although, there doesn't seem to be a lot you can do if an organization pulls your ad for whatever reason whether warranted or not. Regarding authentic Porsche Speedsters vs. Speedster replicas my understanding is that Porsche has trademarked "Porsche" and "356" but failed to also trademark "Speedster" when it was introduced and during the legal grace period afterwards. Therefore, my understanding regarding Speedster replicas is you should not use any legally protected Porsche brand on the vehicle itself which includes their badge and any reference to 356. This is why you see different badging from the manufacturers of replicas plus the word "Speedster" on their replicas. Individual owners of these replicas should follow the same rules including how they list their replica Speedsters for sale. Don't list them under a Porsche category and when listing refer to it as a Beck Speedster, Intermeccanica Speedster, Vintage Speedster etc. Unfortunately companies can sue whomever they wish at any time to protect their brand which means if you happen to fall into their net of pursuit you have to try and defend yourself or fold. In the case of Ferrari and Jaguar I'll bet they have legal rights to their brand name and model identifiers which gives them solid legal ground for forcing people to crush any related replicas.
Although it's possible, I don't think Porsche failed to trademark "Speedster". I think their research showed them, many makers used the name long before their car existed, and Porsche's exclusive use of "Speedster" would be tough. My nickels worth (inflation).
Of interest: specifically as to trademarked badging, not advertising. That is, The gold plated scripts. As a person of good faith and proper money, you can buy these things and put them on your car, any car, whether or not it happens to resemble, say, a 1957 Porsche Speedster Typ 356, if you want. You pay the money, and the company provides the parts. And you put them on. Now as it happens, many Speedster replica builders provide their products with these items attached, and in doing so they would explain, if ever asked, that they just built the car and that the owner paid for them and put them on him or her self. Or so I was told once upon a time.
@El Frazoo posted:Of interest: specifically as to trademarked badging, not advertising. That is, The gold plated scripts. As a person of good faith and proper money, you can buy these things and put them on your car, any car, whether or not it happens to resemble, say, a 1957 Porsche Speedster Typ 356, if you want. You pay the money, and the company provides the parts. And you put them on. Now as it happens, many Speedster replica builders provide their products with these items attached, and in doing so they would explain, if ever asked, that they just built the car and that the owner paid for them and put them on him or her self. Or so I was told once upon a time.
Or, you can have custom badging made for your own car. The beauty of having an Outlaw clown car that's non- conforming is it's cool and doable. Just takes a little imagination and some tongue in cheek. If you get tired of it you just peel it off.
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so a few years ago Porsche came after me after all my social media activity and also went after the video site Petrolicious when they posted my car as a Porsche 550. I can understand the point they made that my car got more online attention then the real one and it could be confusing. I thought it was a bit aggressive but I get it. Were small fries now compared to all the 911 restored companies. Singer really stepped over the line with the Safari 911 that was so much cooler than the Dakar 911. Also Porsche just made their own 911 restomod shown at the Quail this summer.
Guys, I stand corrected. When I saw Ewatub's post I searched and found this link which conveys the ownership of Speedster, 356, etc. and related "Fair Usage" https://www.pca.org/sites/defa...FairUseRulesPCNA.pdf
It's likely that Beck, Intermeccanica, Vintage etc. pay an approved usage fee to Porsche for specific trademarked names. Not sure.
Our friends Kirk & Mary Duncan had been manufacturing replicas at their company Vintage Speedsters since 1986.
WRT Porsche litigations, to address this, Kirk said he had to carry a million dollar bond ensuring that he did not badge his replicas with any copyrighted Porsche badging.
I'm sure Porsche lawyer killed off the UK COVIN 911 replicas. Apparently OEM parts would fit the body.
SUPER/DUPER is the best ever. Just love it. Almost all of the replicas (mine included) carry the rear badge SUPER while nearly none of these cars duplicate or even properly mimic what a Porsche 356 Super really was. Back in the day, engines were NORMAL, SUPER, SUPER 90 -- or maybe add Carrera if you were something truly special. All 1600 cc. I had a '56 NORMAL and a '61 S90, and while these were the same basic engine -- displacement --, they were quite different in some important details. The Normal was little more than a VW, and the S90 was a race engine.
90 hp was a lot back then.