Guys. The car has emblems, you just couldn't see them in the eBay ad. They may have seen it on my website, SAMBA, ClassicCars.com, Craigslist or some other site where you can see them.
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Troy , At this juncture I would send a certified letter to the P 'Attorney ( cc eBay for the heck of it) that sent you the email in the past having them provide where you so called produce a likeness infringement. Carroll Shelby went solely after Factory Five Racing years ago even though at that time there was in excess of sixty ( 60 ) Cobra replica companies. Dave Owner of FFR won the suit because it was clearly proven that Carroll Shelby knowingly allowed Cobra replica companies to produce Cobra's for a good number of years and suddenly developed a problem with that. ( Sound familiar?) Hence that was the court's decision. Sadly not one of the other Cobra 59 companies offered to assist with the legal costs .
Two things Alan.
1. The car does have emblems. I might have felt different if it didn't.
2. I had an attorney contact the Porsche attorney the last time they deleted my ad. They never replied, so what are you going to do. That car also actually had emblems, so even if there was a next step I didn't feel it was worth pursuing.
PM sent
WRT 'copyright' or 'likeness' infringement...'what is right' and 'what is law' are two totally separate universes.
Good analogy!
One would think if it was advertised as a replica, it could not be called a "counterfeit" as if you where trying to pawn it off as the real deal.
Troy,
Are you working on getting another speedster, preferably VS over JPS, whats the cruising speed for the 1915cc engine. Can it cruise at 80mph or does the car have to have the 2110cc, 2332cc or even the 2.5L Suby. Whats the pros and cons of the air cooled vs. water cooled engines.
Thanks,
Greg
With tail wind or head wind?
Hi Greg. In fact, I am. Give me a call and we can talk. I'll PM you my number.
Troy Sloan posted:Guys. The car has emblems, you just couldn't see them in the eBay ad. They may have seen it on my website, SAMBA, ClassicCars.com, Craigslist or some other site where you can see them.
Troy, you think P lawyers would look at other sites and tell ebay "look here on SAMBA you can see it has P logos so you need to take it off ebay where you can't see logos and our names and trademarks are prroperly not mentioned"? That would be crazy on a whole new level.
WNGD posted:Troy Sloan posted:Guys. The car has emblems, you just couldn't see them in the eBay ad. They may have seen it on my website, SAMBA, ClassicCars.com, Craigslist or some other site where you can see them.
Troy, you think P lawyers would look at other sites and tell ebay "look here on SAMBA you can see it has P logos so you need to take it off ebay where you can't see logos and our names and trademarks are prroperly not mentioned"? That would be crazy on a whole new level.
That may be when they're calling it a counterfeit.
WNGD posted:Troy Sloan posted:Guys. The car has emblems, you just couldn't see them in the eBay ad. They may have seen it on my website, SAMBA, ClassicCars.com, Craigslist or some other site where you can see them.
Troy, you think P lawyers would look at other sites and tell ebay "look here on SAMBA you can see it has P logos so you need to take it off ebay where you can't see logos and our names and trademarks are prroperly not mentioned"? That would be crazy on a whole new level.
Possibly. It's my understanding that eBay only does it if it's specifically requested by the P attorney. They don't do any investigation, they just do what the P attorney says.
eBay is not the only site that they police. Hemmings will not allow replica posts with Porsche emblems, the word Porsche or even 356 in the posts. They don't wait to be notified by the P attorney, they just do it as a matter of policy after having previous discussions with them.
Another possibility is that someone has reported it to the P attorney who then tells eBay to remove it. Again, it's my understanding that eBay only does it if it's specifically requested by the P attorney.