It took eight years of legal battles in the European context but the Maranello house has been authorized again to use the brand linked to its coupe. Here’s how it went
At the time – let’s talk about the period between August and September 2017 – the news aroused clamor: Ferrari He lost, in the first hearing and on appeal, a case against the German toy producer Kurt Hesse, owner of the Autec ag of Nuremberg, for the use of the name Testarossa. The principle at the basis of the decision of the Düsseldorf regional court in Germany rested on the legal concept according to which a brand can only be protected if used over time. Which for the name Testarossa has not occurred for many years (the Cavallino car was produced from 1984 to 1996). And the disputes of Maranello were useless who appealed to the fact that he had continued over time to produce spare parts for the famous sedanter, signed by Pininfarinawith V12 5.0 from 390 hpsold for all 80s and then updated in the 512 TR and 512 m, revisited in the bodywork and also in the engine. 9,957 units were produced. Curiosity: before the 1984 testairossa ‘authentic’, the name was used by the Ferrari 250 red head of 1957 and was supposed to the red color of the valves lids. In any case, the test of maintenance to the old models was rejected by the Court as it was carried out under the Ferrari and not Testarossa brand. A sound, incredible, defeat in the classroom.
Decision overturned
–
Eight years later, the Ferrari has obtained a significant one legal victory, regaining the rights on the brand. The decision, issued by the General Court of the European Union (Eugc) in Luxembourg, is not only a victory for the Cavallino, but also establishes an important previous legal. In essence, the EU Court has now overturned the previous decisions of the European Union Office for intellectual property (Euipo), confirming that the name Testarossa remains the intellectual property of Ferrari. The change of course took place by recognizing that Ferrari continued to make “actual use” of the brand through different methodologies: the offer of certificates of authenticity for the testairosa vehicles, the sale of spare parts, the replicas, merchandising and the resale of the cars themselves through their dealerships. The sentence has significant implications for all car brands: it highlights that the value is not confined to current production lines, but extends to the ability to ‘monetize’ the assets through secondary markets, spare parts and licenses. In essence, brands can now support their intellectual property rights even after the cessation of the production of a product, further enhancing their past in the present.