Friday, March 07, 2008

Who Owns This Modified Car?

An interesting story appearing in the Times here, illustrates the absurdities that arise form an exaggerated extension of the concept of trade marks. While Dan Cawley legitimately purchased a Ferrari 360 Modena and paid its full costs, the corporation is intent on restraining him from the uses to which he can apply his property. I am surely at a loss as to what the corporation thinks it is protecting by starting a fight with its client for modifying the vehicle, which has become almost beyond recognition as a Ferrari 360 Modena.

Granted that Ferrari may have property rights in its unique trade mark, I am almost certain that anyone who qualifies to be their client would notice that the limousine that Dan Cawley has created is not a Ferrari at all. I think that this aggressive application of IP rights ought to fail. As Dan Cawley states, he ought to be able to make any modifications to his property as he wishes because in spending the many Sterling pounds that were exchanged for the car, he acquired exclusive right to it. That modification leaves Ferrari with no loss save that Dan has probably compromised the stability and performance of his own car.

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