JAGUAR HAS SENT ENTHUSIASTS into panic with its decision to chase down builders of replica Jaguars from a past era.
A recent lawsuit in Sweden, brought by Jaguar Land Rover against Jaguar enthusiasts Karl and Ann-Christine Magnusson found the couple guilty of copyright infringement and their privately-built C-Type replica was not only deemed illegal but also required to be destroyed.
Adding salt to the Magnusson’s considerable wound, they were also ordered to pay JLR’s legal costs of $A820,000.
Understandably upset at the outcome of the court case, Ann-Christine declared, “This is just one of at least 1500 replica C-Types built globally in the past 45 years. The consequence of this verdict is that all owners of C-type replicas now risk being forced to destroy their cars when JLR comes after them.”
Jaguar stands by its decision to take this case to court, stating that the external shape of the Jaguar C-Type does have copyright protection that was infringed by a car being built by the Magnussons, the first of six they were planning to build and sell for more than $A380,000 each.
Jaguar Land Rover has assured owners of C-Type replicas it is not chasing private owners of pre-existing individual replica vehicles, nor will it be insisting on destruction of their vehicles. However, JLR insists it will continue to take action to prevent businesses using its intellectual property illegally for their own profit.
It’s a complex issue. The Magnusson’s assertion that many hundreds of C-Type replicas have been built since the official C-Type ceased production is quite correct, but that doesn’t degrade Jaguar’s claim that the external shape of the C-Type is protected by copyright, and that copyright belongs to Jaguar.
seniordriveraus wonders just how close a “replica” needs to be before it is deemed to be breaching copyright. Clearly, this decision will also impact the many other replicas being offered, such as Ferrari Testarossas, Porsche 356 Speedsters, Cobras and many, many more.
We would recommend owners of replicas keep a close on eye on developments.