Could this be considered a form of plagiarism? is it illegal?

Reply Wed 5 Apr, 2017 03:49 am

I recently purchased a Custom Race built Car from a team that purchased this car from a manufacture (we shall call them "X") This team took the standard car model from X and turned into a Full racing Car, only the appearance looks original everything else is Racing parts etc. I then purchased this Race Car from that said Team and modified it even further. when i approached my local X Manufacturer, i asked if they would assist me in running the vehicle in a local championship and in turn receive publicity from me running this one of a kind X vehicle. In which they responded saying they want no part of me or my Car, and don't want the publicity from it.

Now that I have gone ahead regardless and started using this vehicle. i have received a lot of publicity and coverage from this Car. X has now seen this and are trying to get in on my hype by pointing out that it is an X Car (when in fact only the appearance is still slightly original everything else is modified by me and the team that originally converted the Car), They also using images and videos of my car (Taken by them whilst i am driving on track during races or practice etc) on their social media and marketing campaigns. Note i have removed all badges from this car and I don't use the name X at all, i have self renamed the car to "Caroline"

Here is my question, can i stop them from doing that? Can i take legal action to prevent them from any association with the car?

Thanks in advance
Reply Wed 5 Apr, 2017 04:45 am
It might be trademark. Might.

If you think you have something, then talk to a copyright attorney in your jurisdiction. Furthermore, you will need to do that fairly quickly. While other forms of copyright issues can be defended at the will (and on the time frame) of the intellectual property holder, trademark is more of a use it or lose it deal. If you don't defend trademark, you will lose it.

So at least go in for a first consultation. Those are often free. And ask! Bring any documentation you've got and do your best to make it a productive session.
Reply Wed 5 Apr, 2017 08:32 am
As soon as they used your design modifications to their car (without permission) to make money, then they crossed the line.

Have a lawyer to write a cease and desist letter to them.

Reply Mon 10 Apr, 2017 02:39 am
Thank you for your response. I have now contacted a lawyer and am taking legal action.

Thanks for you input!
0 Replies
Reply Mon 10 Apr, 2017 02:41 am
Thank you for your response. I have now contacted a lawyer and am taking legal action.

I have also contacted a trademark attorney to patent my helmet design and cars designs.

Thanks for the suggestion!
0 Replies

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