Ferrari the most well-known automaker in
the world builder of some of the finest
cars in history and also huge sticklers
why is Ferrari sending cease and desist
letters to celebs doing things with
their cars
I think Ferrari is going about it all
wrong first a little disclosure I'm a
big Ferrari fan I have been ever since I
was a kid so all this is gonna come from
a place of love second a few months ago
we built the most American Ferrari ever
and the whole time I was secretly hoping
that we would get a cease and desist
from Ferrari I think Ferraris gonna send
us a season assist kind of hope they do
it's like a little badge of honor that
seemed like it'd be pretty cool like a
rite of passage we didn't but the
experience had me wondering why did I
think we're gonna here and Ferraris
legal department in the first place I'm
gonna tell you about two cases one where
Ferrari was in the right and one where
I'm not so sure I first learned what I
cease-and-desist was back in 2014 when I
read that Ferrari insisted electronic
music God dead mouse fix his custom
Ferrari four or five eight dead mouths
prancing horse had been giving a bright
blue rap featuring nyan cat a cute
little putty tat whose body was a
pop-tart adorable
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to complete the build the Ferrari was
also given custom badges floor mats and
a license plate proclaiming Ferrari a
cease-and-desist is a document sent by a
business or individual in this case
Ferrari to another business or
individual in this case deadmau5 warning
them that if they don't quit partaking
in a perceived illegal action more legal
action will be taken the illegal actions
in Ferraris eyes were the custom / re
badges and floor mat if deadmau5 didn't
remove these offending items from the
four five eight Ferrari would sue his
ass into oblivion his career would be
turned into ghosts and stuff am i ride
burbank tough crowd
you want you this was kind of a big
deal at the time
deadmau5 had a reputation of being a
troll and a company as big as Ferrari
had taken notice I'm guessing it must
have been pretty validating for him even
if it meant he had to remove the
Rappahannock off my back it was a legal
win for Ferrari but as we'll see later I
don't think it was worth it
just this year Ferrari sent out another
high-profile cease and desist and this
one was a doozy German designer Philip
Klein received an order from Ferrari to
take down an Instagram post which
featured his shoes on the hood of his
Ferrari 8 club superfast in their
cease-and-desist Ferraris lawyers argue
that Klein's posts tarnished the
reputation of the Ferrari brand
perception and causes further material
damage that Klaus is extremely
subjective in my completely ignorant
opinion but later on in the letter they
make a better case the undesirable
connection between Ferraris trademarks
on the one hand and Philip Lyons line of
shoes on the other quote interferes with
Ferrari to sell their own line of shoes
apparently okay so that makes a little
bit of sense I guess Ferrari says that
placing the shoes next to the Ferrari
logo along with the color coordination
might mislead some customers into
thinking that this is some sort of
collab so they want to nip that right in
the bud understandable but when they say
that
Ferraris trade
and model cars are associated in your
pictures with a lifestyle totally
inconsistent with Ferraris brand
perception that's where they lose me
he's got babes and cars and the mansion
and the Ferrari isn't that exactly how
everyone perceives Ferrari I think
that's what bugs me about Ferrari so
much they act like they don't know who
buys their cars no other company acts
this way
what if Nike sued people for reselling
their shoes what if Dodge sent cease and
desist s' to people who kept the bumper
guards on actually if you do that you
should be sued that's just my opinion
but I digress maybe Ferrari is right if
that's not the lifestyle and perception
that Ferrari wants then what is we need
to look closer at their history to find
out but not too into it because this is
an up to speed
Murari started building road cars back
in the late 40s the Ferrari 125 s was a
sports car of course that could pull
double duty as a cruiser and full-time
race car racing back then was different
they basically raced on closed off
public roads Enzo Ferrari the guy who
started Ferrari had no other choice but
to build road cars if he wanted to build
race cars since the company had so much
experience winning races the road cars
were really really good regardless
Ferraris reputation was built upon two
pillars race cars and road cars inspired
by those race cars the name Ferrari
became synonymous with performance
especially if you ignore their 2019 f1
season
am I right burbank come on come on
chuckle hut i'm on fire that legacy of
victory which celebrated its 90th
anniversary this year mind you is what
ferrari is talking about when they say
lifestyle and perception in their cease
and desist letters in Ferraris onwards
the Ferrari logo with its iconic
prancing horse symbolizes Italian luxury
exclusivity performance blah blah blah
Blee blob we get it but in the case of
Philip lines shoes and babes
I don't think Ferrari is on the right
because I don't think the perception
Ferrari has of themselves is how
everyone else in the world sees Ferrari
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now what I'm about to say is completely
anecdotal and that's inadmissible in
court but have you ever seen someone ask
if any random sports car it's a Ferrari
I have according to my mom every red
sports car is a Ferrari the Prancing
Horse has almost become like Kleenex
right Kleenex is a brand name of facial
tissue but everyone just calls facial
tissues Kleenex
I think Ferraris public perception has
moved far beyond victory and performance
to just nice sports car in general which
is why I have such a hard time with them
going after Phillip fine-tuned on car
people Ferrari doesn't symbolize Italian
luxury exclusivity performance design
and equality the world over the prancing
horse symbolizes success because they
cost hundreds of thousands of dollars
nobody who saw Philip Klein's post would
think huh this post definitely makes me
think less of Ferrari they're thinking
huh that guy probably again I have
literally zero legal experience besides
Phoenix Wright Ace Attorney but I think
this whole cease-and-desist thing goes
beyond the courtroom and into the court
of public opinion my question is would
seeing Ferrari tell owners what they can
and cannot do with their cars dissuade
someone from buying one would they look
somewhere else
Lamborghini looks like Ferrari on the
surface they're Italian they make fast
cars and they've got a farm animal as
their mascot but Lamborghini differs in
one major area they know who the Frick
is buying their car since the beginning
Lambos whole plan has been to build the
most ridiculous and flashy cars for
ridiculous and flashy people James went
to the Lamborghini Factory last year and
he you said it was basically like an
old-school speed shop their cars might
cost hundreds of thousands of dollars
but Lamborghini is all about building
the craziest possible and their
clientele knows this you don't buy a
Lamborghini because you want people to
know you enjoy Italian luxury
exclusivity performance design and
quality you buy it because you're insane
why do you think Alex Troi chose the
Huracan to build his unicorn on in dead
mouse's case Ferrari didn't really have
a choice when it came to sending that
cease-and-desist remember those floor
mats and badges cute right well Ferrari
argued that the logos infringed on their
copyright which they had the right to
protect if Ferrari didn't go after dead
now it could have come back to bite them
in the butt if another more serious
infringement happened in the future and
Ferrari didn't go after those floor mats
the prospective defendant could point at
that and say hey you guys didn't do
anything about that why should we listen
to you and that could hold up in court
because of precedent large companies
like Ferrari have to go after every case
of copyright infringement no matter how
small to keep something like that from
happening what about our friend Philips
line I think that's too far he's a rich
fashionista whose whole brand revolves
around decadent opulence as we discussed
he's pretty much the perfect client and
no one thinks those shoes are gonna be a
collab come on Ferrari what are we doing
in the end I think Ferrari is just a
weird company in general they make
incredible machines and you can't argue
with their heritage but I think their
quest to protect that heritage at all
costs makes them seem a bit stuck up and
have my alienate future buyers I think
it would behoove them to rethink their
brand perception a little bit and have
more fun I mean you guys make supercars
for crying out loud hey guys we made a
show called the donut gang going against
some of your favorite youtubers like -
tech tips my favorite challenge was the
cruise control race with Gus Johnson I
surprisingly it was not very good at it
but Gus killed it so check it out that's
car Wars wherever you get your videos
love you guys like I said at the top you
can't see me I said I liked you in the
grammar sad that'd be nice I'll see you
next 90 protection don't send it to
fuzzy after me bye
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