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Thread: Bad News For Replicas

  1. #1
    Administrator Funding Member Ron77's Avatar
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    Bad News For Replicas

    I copied this from another site. It is rather long but could put a stop to all replicas.

    Default Bad news for replicas?
    This from our local Cobra Whats App group made my blood boil:

    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.
    https://www.jlrclassics.com/cars/

    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

    Ron


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  2. #2
    Senior Member Funding Member RedBarchetta's Avatar
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    Well in the case of Superformance, both their GT40 and all Cobra models are licensed through Carroll Shelby Enterprises as approved replicas. So no chance of that happening to them. Ferrari is also another marque known for litigating against clones. Bad on Jaguar...they win the battle (one case) but clearly lose the war (public reputation) with these suits and the bad press that follows them. Not an intelligent approach toward protecting whatever design trademarks they covet.
    -Dean

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  3. #3
    GROUCHY FUC***G OLD APE Funding Member Silverback's Avatar
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    I really wonder what they hope to accomplish with this. I can't help but think this was a very short sighted approach and in the long run will hurt JLR.

  4. #4
    Administrator Funding Member Ron77's Avatar
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    It kind of looks like a setup to me, especially since they were working with that guy and giving him advise.

    Ron


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    I think it is very short sighted. Jaguar has produced one run of "continuation XK SS's" that sold out at hundreds of thousands of dollars and are planning another run of C type Jags that will sell out at the big prices as well. Don't think this would have been possible or as successful without the interest in the established replica market. Shell Valley did/does sell a C Type kit so will Jag go after them as well?

  6. #6
    GROUCHY FUC***G OLD APE Funding Member Silverback's Avatar
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    I would be surprised if they would win in our courts. Just look at all the Cobra and GT40's out there and all the efforts Carroll put into shutting them down.

  7. #7
    Senior Member Funding Member Carlewms's Avatar
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    Shelby tried to stop Factory Five Racing from producing kits ... as I recall one of the terms of the settlement was that FFR would not call them Cobras. They were called Mk — Roadsters.
    From the Olde Goat Garage

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    Go Kart: 3/26/2016

    Another deadline not met ... so it will just get done sometime soon


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    Senior Member Funding Member DanEC's Avatar
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    I would suspect the competency of the counsel representing Karl Magnusson. Seems they should have been able to tear Jaguar/Land Rover apart in court over their complicity in encouraging and even assisting Magnusson's development of the Jag replica and then turning around and suing him. Or it could have just been the squirrely European courts. That's one reason we have no business being a party to the World Court.
    Our world is not divided by Race, Color, Gender or Religion. Our world is divided into wise people and fools. And fools divide themselves by Race, Color, Gender or Religion.

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  9. #9
    GROUCHY FUC***G OLD APE Funding Member Silverback's Avatar
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    Dan, isn't that the World Kangaroo Court?

  10. #10
    Senior Member Funding Member DanEC's Avatar
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    That’s probably their official name.
    Our world is not divided by Race, Color, Gender or Religion. Our world is divided into wise people and fools. And fools divide themselves by Race, Color, Gender or Religion.

    Nelson Mandela

    "Don't underestimate Joe's ability to f--- things up."

    Barack Obama

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    If I remember correctly, Mercedes did something similar with a old classic gullwing or something. The won the car in court then destroyed it.

  12. #12
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    There use to be a replica company that made gullwing replicas but went out of business. Don't know if it was due to issues with MB or just low sales. You still run across their replicas now and then for sale.

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    The story I remember was from europe, and it wasn't a company building or selling replicas or kits, but rather an individual who built one himself for himself.

    Sorry, I didn't reread it all, but here's the link I found on the Kelmark forum where I read the story, but it was 9 years ago.

    Where does time go? At this rate, I'll be pushing up daisies in what will seem like months.

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    Senior Member dominik's Avatar
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  15. #15
    GROUCHY FUC***G OLD APE Funding Member Silverback's Avatar
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    I remember a kit for the 250 GTO that was based on the early Datsun Z car.

  16. #16
    still a good sign that you can remember something Silver .

  17. #17
    GROUCHY FUC***G OLD APE Funding Member Silverback's Avatar
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    Can't argue with you on that one WaffleHead.

  18. #18
    Senior Member dominik's Avatar
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    Is there any update on this story? Do we have to hide our replicas now? Will people throw tomatoes at us?
    no signature

  19. #19
    Administrator Funding Member Ron77's Avatar
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    Dom,

    I haven't seen a thing since that day about any of this. Our Communists are to busy arguing with the Russian and Chinese Communists they have let some things slip for a time. Putin has challenged brain dead Biden to a debate.

    Ron


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