LOLOriginally Posted by WASP
Easier to ask for forgivness than permission?
LOL
Easier to ask for forgivness than permission?
My Falcon family heritage: XY V8 Falcon 500, XYGT, XBGT, XC 351 GS, XD 4.1 Spack, EF wagon, AU Wagon, AU2 Wagon, AU2 XR8, BA XR8, BF XR8, FG XR6, Sprint 8. AU3 XLS Marlin Ute, FG2 Ute, 996.2 Carrera, MY24 Raptor.
By the looks of it, they're not using any Mustang badging so legally it's just a 'MARC V8 GEN II' that just happens to look like a Mustang.
If we apply the music copyright test to that it would fail miserably lol
My Falcon family heritage: XY V8 Falcon 500, XYGT, XBGT, XC 351 GS, XD 4.1 Spack, EF wagon, AU Wagon, AU2 Wagon, AU2 XR8, BA XR8, BF XR8, FG XR6, Sprint 8. AU3 XLS Marlin Ute, FG2 Ute, 996.2 Carrera, MY24 Raptor.
DoctorCleveland (19th January 2018),FTe217 (19th January 2018),Randel (19th January 2018)
The supercar teams are playing nice.
They could go race a mustang, then see if Ford really wanted to back talk with action.
When it comes to ip, it’s an ownership issue. That stops at point of sale unless there are contractual stipulations. The Ford GT for example had clauses of ownership that limited the usual freedoms.
Ford can’t stop you racing your ford. Ford can’t stop you modifying it. There are potential consequences to voiding warranty.
Volvo tested out what power a car company has.
In the case of Marc it just depends on what the specifics are.
If you go buy a mustang, video tape the entire build where that car is driven in, striped down and race car built in its place, the usual ip arguement becomes less clear.
Ford, or an agent of Ford has received funds. Their control over that car is lost.
You wouldn’t get away with buying a car and parking it out back. The car has to be pulled to pieces.
When you build a race car from a road car, it has to comply with the rules of the track.
Percentage of originality to conform to an ip arguement would be interesting. That would go to the courts.
The argument then might turn to damages.
If Ford received money for the road car, it’s no longer their concern. If Ford aren’t being asked to fund the project, it’s not contractual. Where is the harm. Volvo issued a statement that goes towards damages. Ford would need to do the same.
This is where it gets real good. Good luck showing damages in mustang track participation.
This is where the teams are being nice. Ford saying no is being respected to a degree.
It’s not the adult approach to ignore those wishes.
Penske probably wouldn’t do it. Tickford have backed themselves into a corner.
By being a mustang aftermarket enhancement company there are a number of potential restrictive trade issues one of which is not dissimilar to the ACCC warning already issued to Ford.
At some point I really thought sense would prevail. Ford are even back in WRC.
If I were Marc I would have been very careful with this build and videoed the essential destruction of three mustangs where three race cars were born.
The fact nothing of those original cars remains, falls under the category of yeah so!
I purchased a car, it’s mine to do what I like with, i a, not obligated to follow Aust design roads, and road register, or anything else. I have no obligation to use factory parts.
This approach might well fail legally but it’s going to cause some legal processing and set precedents that have significant ramifications.
Categorically the sport can remove manufacturers from the equation by making the basis of the race car, road car derived.
History is a statement, the future is a question.
WASP (25th January 2018)
Love the car! If Ford are concentrating on performance cars for Australia then isn't this a no brainer? Oh hang on a minute. Consistency doesn't work here.
Ford Heritage : KF Laser, XF Ute, XH Tradesman Ute, EL Futura, AU2 Ute, XD Ute, XH XR6 Ute, BA XR8 Ute, SX Territory, BF XR8 Sedan, EB2 S XR6, EB1 S XR8, WQ Fiesta, FGX XR8, PX2 Ranger, WP Fiesta, PX3 Ranger XLT, Next Gen Ranger XLT
Randel (19th January 2018)
My Falcon family heritage: XY V8 Falcon 500, XYGT, XBGT, XC 351 GS, XD 4.1 Spack, EF wagon, AU Wagon, AU2 Wagon, AU2 XR8, BA XR8, BF XR8, FG XR6, Sprint 8. AU3 XLS Marlin Ute, FG2 Ute, 996.2 Carrera, MY24 Raptor.
My Falcon family heritage: XY V8 Falcon 500, XYGT, XBGT, XC 351 GS, XD 4.1 Spack, EF wagon, AU Wagon, AU2 Wagon, AU2 XR8, BA XR8, BF XR8, FG XR6, Sprint 8. AU3 XLS Marlin Ute, FG2 Ute, 996.2 Carrera, MY24 Raptor.
I see your point Ian. Supercars has been born out of the concept of a road going version of the car being purchased by someone and used for racing. They can’t stop you doing that, but they can claim brand or reputation damages as you say. For example should the use of their imagine bring their brand into disrepute etc.
Sent from my iPhone using Tapatalk
Proving brand damage would be extremely hard to do.
It woul be easier to prove profiting from use of IP.
My Falcon family heritage: XY V8 Falcon 500, XYGT, XBGT, XC 351 GS, XD 4.1 Spack, EF wagon, AU Wagon, AU2 Wagon, AU2 XR8, BA XR8, BF XR8, FG XR6, Sprint 8. AU3 XLS Marlin Ute, FG2 Ute, 996.2 Carrera, MY24 Raptor.
Interesting that no Ford badges or Mustang badges anywhere. Maybe they were trying to limit any possible litigation avenues?
Ford Heritage : KF Laser, XF Ute, XH Tradesman Ute, EL Futura, AU2 Ute, XD Ute, XH XR6 Ute, BA XR8 Ute, SX Territory, BF XR8 Sedan, EB2 S XR6, EB1 S XR8, WQ Fiesta, FGX XR8, PX2 Ranger, WP Fiesta, PX3 Ranger XLT, Next Gen Ranger XLT
Posting Permissions
Reply With Quote
Bookmarks