Pretty sad when a person can't build a replica in his home garage. This ruling could have wider implications for replica builders.
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Yes it could. Jaguar should be ashamed of itself.
I actually agree with a car companies right to defend their brand, model names and other trademarks and other copyrighted materials. But shapes?
Hopefully Jaguar reconsiders as hopefully a lot of buyers reconsider their offerings
So I couldn't get "the rest of the story." What did they do to piss jaguar off? People have been building Jaguar replicas for decades. Everything from SS100 to XJ-13.
Here's a link to an article with a little more information but still not sure what JLR decided to go after them. Apparently JLR had actual supported their passion and JLR has previously supported the replica industry as a whole. In fact you drive replicas in one of their own sponsored driving experience course.
http://www.clubcobra.com/forum...d-news-replicas.html
And in this court case they lost in an attempt to copyright/trademark the look of the LR Defender:
This was on the Porsche 356 Speedster & Coupe Replica Club on Facebook. Feb. 10.
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.
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
Jaguar Magazine – is your Jaguar magazine:
Geez. That's crazy. Shades of BMW going after their owner's club for use of the Roundel.
If you will recall the suit " Shelby vs. Factory Five Racing " , Shelby lost for the sole reason that the Replica Cobras were produced for decades by other companies and FFR. Shelby never went after them and even confirmed their existence by signing them " for a fee " then decided to sue and lost. I think they will lose on appeal as per the case law of: Shelby vs FFR.
I'm not sure that Sweden cares how a US court decided in the Shelby case.
I don’t know who the lawyer was but to me he didn’t do a good job representing the history of the acceptance of the replica before the court case
In the US you can lose trademark rights if you don't defend them zealously. It's why reporters used to get nastygrams (er, kindly reminders) from the owners of the Kleenex brand and Xerox for using those terms generically.
I don't know if yerp plays by the same rules. But if they have anything similar, Jaguar's failure to discipline Tempero, Suffolk, these guys, or these guys, could be significant.
There’s currently a D-Type aluminum replica on BaT. It is stunning. If I could, I’d buy it just for the noise it makes; resembling a WWII Spitfire.
@Alan Merklin posted:If you will recall the suit " Shelby vs. Factory Five Racing " , Shelby lost for the sole reason that the Replica Cobras were produced for decades by other companies and FFR. Shelby never went after them and even confirmed their existence by signing them " for a fee " then decided to sue and lost. I think they will lose on appeal as per the case law of: Shelby vs FFR.
I would hope so, Alan, but this poor couple of enthusiasts don't have deep pockets like Jaguar Land Rover. The guy had to sell his other classic Jags to help pay for this case, and he still may owe JLR a tidy sum, as he was ordered to pay their court costs. He may lose his house as a result.
Bloody ridiculous. They could have gone after any Jaguar replica builder, but they attack some retired bloke who has been building this replica out of a labour of love. It was a complete act of betrayal on the part of JLR to use this guy to win a legal point.
His daughter has started a GoFundMe page to help him cover his legal costs and the cost of an appeal, and every replica builder world wide should contribute to it, if just out of principle.
Someone at Jaguar decided on a strategy. They targeted this business, they chose to litigate in that country, all for reasons. They calculated. They are protecting their brand.
Who owns the Jaguar brand?
Scions of scions of a legendary industrialist.
Chairman emeritus:
"Mr. Tata was the Chairman of the major Tata companies, including Tata Motors, Tata Steel, Tata Consultancy Services, Tata Power, Tata Global Beverages, Tata Chemicals, Indian Hotels and Tata Teleservices and during his tenure, the group’s revenues grew manifold, totaling over $ 100 billion in 2011-12.
"Mr. Tata serves on the international advisory boards of Mitsubishi Corporation and JP Morgan Chase. He is the Chairman of the Tata Trusts which are amongst India's oldest, non-sectarian philanthropic organizations that work in several areas of community development. He is the Chairman of the Council of Management of the Tata Institute of Fundamental Research and also serves on the board of trustees of Cornell University and the University of Southern California."
...
"The Government of India honored Mr. Tata with its second-highest civilian award, the Padma Vibhushan, in 2008. He has been appointed Knight Grand Cross of the Most Excellent Order of the British Empire and Rockefeller Foundation has conferred him with the Lifetime Achievement Award. Among his other achievements, Mr. Tata is also an honorary fellow of the Institution of Mechanical Engineers, Royal Academy of Engineering and a foreign associate of National Academy of Engineering. He has received honorary doctorates from several universities in India and overseas."
etc. and soforth.
I'm guessing he's not a "car guy."
And here's your "Brand Custodian" who, if the company's lines of authority were in any way related to its titles, would be the guy responsible for this lawsuit. (But probably he has no idea, as all this happened six or seven layers of management below him).
This guy has long been involved with Tata Motors. He might actually be involved with the suit, at least in terms of having signed off absently one afternoon before (Tetley, of course) tea.
But who is really responsible?
DR. RALF SPETH was the CEO, Jaguar Land Rover until about 15 minutes ago.
As you may be aware, Jaguar has not been performing at peak lately, and its brand strategy (in the West at least) has been to remind rich folks about the majesty of its glory days with limited edition re-issues, and market everything with reference to that.
I can't find on line who is the boss of "Jaguar Classic" but it's a lock that the persons helming the legal section of this microscopic division within the tiny Jaguar division of the Lilliputan British motorcar division of the rather larger Tata Automotive division of the much more substantial Tata Industries wrote the initial memo outlining the strategy behind this lawsuit.
I'm sure it was all quite straightforward. Nothing personal, old chap.
Thanks, @edsnova.
I hope that enough people get publicly upset about JLR’s actions to cause a course change, but most folks will remain blissfully ignorant.
The whole story is ridiculous
@edsnova posted:Someone at Jaguar decided on a strategy. They targeted this business, they chose to litigate in that country, all for reasons. They calculated. They are protecting their brand.
... I'm sure it was all quite straightforward. Nothing personal, old chap.
They bankrupted a retired couple with a lifelong love of the brand (who were obliged to pay JLR's legal fees). The ruling said that offending car was to be crushed.
I'd say that's about as personal as it gets.
Ed. Thanks for your investigative journalism on this story. Who cares about real car guys when corporations make decisions.
Stan: Has the car been crushed? I didn't think that had happened yet, pending appeal (if the poor bugger can afford that).
Such a pathetic action by JLR to institute this law suit. I really hope this story gains traction and something good comes out of it.
It's my fashion to go on anti-government rants every now and again (as Gordon has pointed out)-- but it is situations like this that have coalesced, solidified, and reinforced my opinion that in the great majority of instances government (rather than existing to provide a level playing field and protect the weakest members of society from becoming grist for the mill) protects and advances the interests of the richest and most powerful.
I'm not an anarchist, or even especially anti-authoritarian-- I believe completely in authority derived from taking and exercising responsibility capably, and I know that leaders should be respected, even when they lead imperfectly (as all leaders are wont to do).
But I absolutely believe that power is almost always corrupted with money, and that power and money have a natural affinity for one another. JLR brought and paid for this ruling, and I'll never believe otherwise. It is a perfect distillation of the golden rule: those with the gold always rule.
One expects this sort of thing in a kleptocracy or totalitarian state-- but in point of fact, this kind of thing happens all the time in places which give lip-service to the primacy of the individual. Tilting the table towards the most powerful is just baked in the government cake. It matters not how liberal the democracy claims to be-- what seems to be the uniting characteristic is how much love and trust of authority exists in a given country, and how much government people want. Nordic nations love, love, love their government. It doesn't surprise me at all that JLR chose Sweden as the place to bring suit.
Germany is next, just FYI.
It's said that in heaven, the Germans are the engineers, the English are the cops, and the French are the chefs. In hell, the Germans are the cops, the English are the chefs, and the French are the engineers.
I read this article the other day very interesting along similar lines Lee Smith on Tablet "The Thirty Tyrants"
Who can organize a Reddit revolt against JLR? (Meaning who has kids who know how to do that)
@Bob: IM S6 What I did up there is not "investigative journalism." That's first-hour research in support of a determination as to whether an investigation is warranted.
Well, it's more than most of us would have done...and you are a journalist (when you aren't getting dirty and greasy building a superb 550 clone). 
Buy it quick, and hide it before those Bastards grab it and send it to the crusher!
"I spin around with shrieking tires and run the deadly race."
I have been watching this closely, as this is sitting in my garage. I cant believe it will stand. People are really pissed - especially being that Jag themselves used replicas in their driving experience program...
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Beautiful C type! It really is despicable what Jaguar Land Rover has done to this couple.
JLR is now owned by Tata motors of India. Distant ownership doesn't always result in good results locally.
Scott you have what appears to be my dream car. I'd love to know more about that one.
Hi Ed -
Sure. It is as close to a tool room copy as we could build - down to the redundant fuel pumps, the type of screws used in the interior and the proper Mille Miglia center light (the car is wearing the Mille Miglia body with the left side passenger door). It took almost 6 years to build. It is running a correct 3.4 punched out to 3.8. The inside of the motor is actually prettier than the outside. It is wonderfully violent on the 1953 Dunlop bias ply racing repops - ha! Brakes were updated a few years ago with reissues of the original Dunlop disc/caliper set up.
The car weighs next to nothing. When it was time to have the aluminum body made, the builder called with an interesting proposition. He had a friend who recently retired from Boeing that was interested in getting into the car thing. He offered to make a body out of carbon fiber. We declined, as we wanted the car to be as original as possible. However, we were informed that this would not impact the build in any shape or form, as the carbon body would only be the upper section, would use all of the same mounts, and could be swapped with the aluminum with no extra effort we decided to have some fun.
So, this car has close to 400 hp, and weighs somewhere around 1600 pounds - and has no seat belts.... ha!
Here are some pics....
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![d_10729[1]](https://www.speedsterowners.com/fileSendAction/fcType/0/fcOid/663073465316577606/filePointer/663777591277806179/fodoid/663777591277806165/imageType/LARGE/inlineImage/true/d_10729%5B1%5D.JPG "d_10729[1]")
![options_discbrakes1[2]](https://www.speedsterowners.com/fileSendAction/fcType/0/fcOid/663073465316577606/filePointer/663777591277806180/fodoid/663777591277806166/imageType/LARGE/inlineImage/true/options_discbrakes1%5B2%5D.JPG "options_discbrakes1[2]")
WOW!!!
That is one faithful, beautiful replica!
Very spifferino. What are the front torsion bars from, and how does the suspension compare with the original?
Hi Ed,
Fronts were a lot of trial and error. The weight of the car was a big factor. Interestingly when all was said and done, everything ended up being Jaguar less the front brakes. Initially they were Wilwood, machined to clear the wheels, which are built to exact ctype specs (offset and number of spokes).
It is very accurate. The right front headlight bucket even had to be clearanced to keep the tire from rubbing under hard cornering, just like the original.
So...custom torsion bars? Originals from a Type C? A-body bars from like a Duster? Trade secret?
Nope. Just off the shelf e-type for the front. The rear TB's were made by Sway A Way. They actually list them as C-type swaybars - kind of funny.
These three pics are my favorite. I loved the car raw with all of the unchromed brass.
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Thanks, Scott. With all the coil-over rigs I've seen I'd either forgotten, or didn't know. E-cars originally had torsion bars up front.
So, the Swedish Jaguar is not ok to JLR but this company's offering is?
It's despicable what Jaguar Land Rover did to that couple.
Corporate bullying at its worst, and I hope it somehow backfires on them.
B@stards. 