Avid aftermarket enthusiasts may remember the Mansory F8XX kit that was unveiled as somewhat of a tribute to the Ferrari FXX K. Well, it turns out that the Italian manufacturer didn’t take too kindly to this project and took the German tuner to the courthouse.
AS reported by Reuters, Ferrari won its case against Mansory after Europe’s top court agreed that the Italian marque owns the design right to the appearance of its track-only Ferrari FXX K. The result of this case has created implications for a broad amount of industries. More at threat now are luxury brands that have the desire to protect their designs from knock-offs. Manufacturers of complex products that are made up of numerous components also have an interest in the matter.
The ruling from the Luxembourg-based Court of Justice of the European Union came after a German court sought guidance in a design argument between Ferrari and Mansory Design over certain elements of the Ferrari FXX K’s bodywork that was applied to the F8XX package. Particular cues that were brought up were the V-shaped section of the bonnet and the front bumper which distinguish the Ferrari FXX K from other cars.
Ferrari had sued Mansory in the German court for making and selling these accessories designed to make the Ferrari 488 GTB the $2,6 million (approximately R40 million) Ferrari FXX K, saying the company had violated its rights to the unregistered designs.
The CJEU said a component can be considered to be an individual part with design rights if it is “a visible section of the product or complex product, clearly defined by particular lines, contours, colours, shapes or texture”.