Ferrari's Lawsuits are Getting out of Hand

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- Any time we're talking about Ferrari, James, you start off anti-Ferrari- - Yeah - And then by the end, you're fully on board. (groaning comedically) - Evil it starts comin' out of me! - Literally every time we do this. - I pretend to be good! But I am a heel. - Ferrari has a reputation for three things: making expensive cars, racing expensive cars, and suing the crap out of people. A lot of folks don't like Ferrari for this reason, but are they really in the wrong? Today we're gonna take a look at some of the prancing horse's most egregious legal battles and decide for ourselves. And at the end, we're gonna see if we can get Ferrari to send us a cease and desist of our very own because apparently Max thinks it's a great idea to try and get us sued. - You didn't tell me that. - I'm James, he's Nolan, and this is the show where we put random car crap on trial! The D-D-D-D-D-List. - Thanks to Cove for sponsoring today's video! Give it to me, Nolan! - Augh, I want to listen to music in the kitchen! - I wanna listen to music in the shop, Nolan! - I'm making ratatouille, Jerry! - Come on, give it to me! God! Give it to me, Nolan! Okay, all right, stop. Stop. I think I know a way we can settle this. All right, Nolan, on the count of three we drive. Then we'll have two Bluetooth speakers. One! - Two. - (Nolan and Jerry in sync) Three! - [Sal] Whoa, stop Donut Boys! If you break that speaker, you'll have no music at all! - But there's gotta be a solution! - There is. Introducing the Cove split speaker! - Whoa, it comes in a concrete color? - Not only does it come in different colors, but the high performance split speaker features quick connect via Bluetooth 5.0. - That's cool, but it's still only one speaker. - Sure, it's got 360 surround sound right now, but when you do this! (whoa-ing in amazement) You've now got a perfect left and right stereo sound! - I can listen in the kitchen! - While you cook! - And I can listen in the garage! - While you're rich! - And with a 30 foot range, you boys won't miss a beat! So get the perfect gift under eighty dollars this holiday season, visit koveaudio.com/dmsplit and get 68% off or more site wide! And now, let's groove on back to the show! - Probably the most famous Ferrari dispute ever was over Deadmou5's Ferrari 458. Also known as the Purrari. On the Gumball 3000, which is where a bunch of rich guys drive their stupid cars really fast on old brick roads. - Oh, that's great. - Basically, Deadmou5 wrapped his 458 with an ancient meme from like 10 years ago called 'Nyan Cat'. To go along with the cat theme he also added rebranded prancing cat logos. - Hmm. - Then, after the Gumball 3000 was over, he listed it for sale on Craigslist. But Ferrari did not like this, not one bit! Ferrari has a rule book, and anyone who buys one of their cars is required to sign it, and Deadmou5 broke two rules! Number one: no tampering with the prancing horse logo. Number two: you can't sell your Ferrari without giving the dealership first dibs. - Hmm. - So Ferrari issued a cease and desist, and Deadmou5 removed the wrap and took down the ad, and then ended up getting a Nyan Cat 'Lamborghine-machine' instead. So Nolan, how do you feel about this? Do you think Ferrari is in the right or in the wrong for suing Deadmou5? - You know, this is a classic case of immovable object, unstoppable force. You know, like, Deadmou5? Very famous for being, like, a troll-type figure. His personality coming against, like, Ferrari's infamous legal team. - Mhm - There's just no way that this was going to be a good situation. - I think, who gives a crap what you wrap your car in? - Well, I mean, they didn't care about what the car was wrapped in, it was the logo. - It was the logo. - And, like, the floor mats were, like, a big piece as well cause he had them re-stitched. Yeah, that's infringing on their intellectual property. I mean, that's kind of the thing here, you let one person get away with it, that gives the next person legal precedent. - Right. - And then it just- then they lose their copyright! - Yeah, you actually have to sue people. If you copyright something, if someone recreates it, and you don't sue them like you said? It's legal precedent for someone else to do it. So you are required by law to sue them. So. Ferrari, I hate to say it, was in the right. And Deadmou5, I don't get it. I don't get you. I don't understand. (laughing) - So Nolan, this next example doesn't involve tampering with a car at all. - What? - Okay, but it still managed to get Ferrari's Italian 'trousies' all twisted up like a bunch of licorice. A German fashion designer named Philipp Plein posted a picture of his shoes next to a Ferrari 812 Superfast. The shoes are green, the car is green, I guess he thought it would be a cute picture, okay? But, you know who didn't think it was cute? - Mhm. - Ferrari. - Ohh. - So, according to Ferrari, Philipp was using their trademark to promote his own brand. They said the Instagram post tarnishes the reputation of Ferrari's brand and causes Ferrari further material damage. Ferrari sent Philipp a cease and desist letter, but he did not cease nor did he desist! He went to Italian court against Ferrari, where... he lost. - Oof. - He now owes Ferrari over 350,000 dollars in compensation and isn't allowed to ever post another image of a Ferrari ever again. Look at any of our videos, listen to any of our podcasts, I am not one to defend Ferrari. - No. - Okay? But, I think in this particular instance, because he was selling his product- - Mhm - And he put it next to the logo, that's like if a brand posted, like, their product with a picture of you. - Mm... mhm. - And used it for, like, monetary gain. You wouldn't be that happy about it, right? - No, no. I think this is also a case just to counter your stance a little bit, James. The Ferrari mindset, or philosophy of, like, choosing your customers and, like, making sure that their brand is associated with the right people, this is where it also comes into play because Philipp Plein's brand is kind of opposed to Ferrari's brand. I'm gonna go fifty-fifty on this one, sure they're protecting trademark, kind of, and protecting that- - I think he was implying a collaboration, I'm going full Ferrari. I'm gonna give them extra credit, okay? Yeah, you owe us money, but also you're not allowed to post a picture of a Ferrari. Ever again. - Yeah, yeah I think that's pretty far. - No, that's sick. That is sick. That is spiteful and that is dope, and I love stuff like that. I love it. - Anytime we're talking about Ferrari, James? - Yeah? - You start off anti-Ferrari, and then by the end, you're fully on board. - And the evil starts comin' out of me! - Literally every time we do this. - I pretend to be good! But I am a heel. - Ugh, I like your sh*t, man. I think it's cool. - It's one thing to sue DJs and fashion designers, but Ferrari also recently sued a non-profit charity called the Purosangue Foundation. Purosangue translates to thoroughbred, which is a fancy horse. And Ferrari really, really, really wanted to use that name for their new crossover SUV. So they're an anti-doping organization that keeps runners from using performance-enhancing drugs. - Okay... - But, because this charity trademarked the name, Ferrari couldn't use it. So, they did the completely normal thing that anyone would do, and they sued the charity that already had the name. Let's hear it from our legal expert how they did that. - Hey, it's Joe the legal beagle here! Woof love, haha. Look, I'm not an attorney, okay? Not even a little bit! In the case of Ferrari versus Purosangue Foundation, the charity trademarked the name in 2013, and blocked Ferrari from using it for their new SUV. But even though the charity was active, Ferrari claimed it did not make sufficient commercial use of the name within a five year period. And therefore was not entitled to exclusive use of the name. I've got a cousin named Purosangue, on the other side. - [offscreen] Other side of what? - You're asking too many questions, okay? As of right now, it's not immediately clear if Ferrari's gonna use the name or not, but I've seen some pictures of this SUV, and boy, oh my god, it's great. But one thing's for certain, why are you fighting over such a dumb name? Back to you, gentlemen! - Lawsuits have been described to me as, like, you both stick a, like, a double edged sword into each other, and then you walk towards each other until someone says 'give'. - Yeah, yeah. - And Ferrari has a way longer sword than pretty much anybody, you know what I mean? - Mhm. - So, I think it's kind of a dick move, and I've got to go with Purosangue. - Purosangue is just not a good name for a car. - Or an anti-doping company. - The five year trademark law I mentioned goes both ways. The same law was used against Ferrari in the trademark battle for the Ferrari 250 GTO. - Ohh, interesting. - A company called Ares Design wanted to sell modernized replicas of the 250, but, if you learned anything about Ferrari in the last few minutes, you can probably guess that they did not like this. - I mean, what could go wrong trying to sell Ferrari's most famous car? - Ferrari went to court, and declared that the 250 was a work of art, giving it the same replica protection rights as the Mona Lisa. In other words, Ferrari would be the only ones with the rights to distribute copies of the car, just like the Devinci's are the only one's who are allowed to say, "Yeah, you can make a counter with the Mona Lisa on it." But these Ares Design guys, they were like, "Dude, Ferrari. You haven't done anything with the shape of this car in way over five years. So- - They flipped it. - Yeah, they flipped it, reversed it. - Wow. - And Ares design won the lawsuit! - Whoa! - And now, they have the rights to sell their extremely expensive, coach-built 250 replicas, and Ferrari can't do a damn thing about it. This more than any of the other ones, I'm surprised that they were able to do this. - Like, every other year one of them goes for like, 30 million dollars. Like, the most expensive car to ever sell at auction is a Ferrari 250 GT. So, that just makes it extremely surprising. - That some court was just like, "Yeah, you can go ahead and make them." - Mhm. - I mean, this is like essentially, like, fake Jordan's. - Sure? - Like, that's not legal? - Yeah, yeah. - I'm really surprised that these Ares guys got away with this. - I think Ferrari did the right thing to protect their legacy and all that. - How are they not gonna? - Yeah, yeah! They can't let-- they did what they had to do. - This wasn't the only time Ferrari lost a legal battle over a replica. Back in 2008, the Italian Customs Administration found a near-perfect clone of the 1958 Dino in the port of Genoa. The counterfeit car looked so real that they kept it and displayed it at the The Musée de la Contrefaçon museum. It's the counterfeit museum. - That's sick. - And they used it for training, to help-- (voice faded by upbeat music) But the judge ruled in favor of the Italian Customs because of a law that said confiscated goods can be used by armed forces for forensic purposes. Yeah, I gotta go against Ferrari. - This is stupid to sue over that. - Yeah! It's stupid! Thank you! Welcome back! This next case involves easily the coolest car on this list, at least in my opinion. The Ferrari F40 LM. Now the LM was the lightweight performance version of the bourgeois F40. A Belgian billionaire named Jean Blaton happened to own one, and he wanted to give it a few custom touches, all right? - Uh oh... uh oh. - And by custom touches, I mean, he cut the roof off, added a roll cage, replaced the suspension with coilovers, rerouted the exhaust, and removed the restriction plates to let all 760 'hurse-purs' run free. And guess what Ferrari thought about this hotdogged-up-drop-top? - I bet they loved it, James. - Well you'd be wrong. They ordered Jean Blaton to remove all prancing horse badges from his yellow abomination. And then refused to acknowledge the car's existence, blacklisting it from the history books. I've never seen this child? And it said that until this day, the yellow bastard Ferrari can still be seen ripping up the track during official Ferrari track days. Without any logos. - That's just stupid. I don't care how special the car is, he bought it? - Yeah, it's his. - You know, it's not like he bought a license to buy the car, he bought the car, right? - Yeah. - So, this is dumb. - Yeah, I gotta agree, like, I think this guy did a terrible job modifying this car. I think it looks awful. But, he did buy it. So... it's his. Ferrari doesn't just blacklist cars, though. They also blacklist people. Even celebrity people. - Whoa. - Which are the best people. There's a few people on Ferrari's naughty list who apparently aren't allowed to buy any Ferraris ever again. - Wow. - Tyga didn't make payments on his 458 Spider. You're out of here. Justin Bieber forgot where he parked his 458 Italia. - Understandable. - Out of here! Kimberly Kardashian received a Ferrari as a gift from someone known for committing fraud. Sorry Kimberly, you're out of here. Floyd Mayweather didn't wait long enough before selling his Ferrari. - Mm. Gotta read that fine print, dude. - Sorry, Floyd, you're out of here. Blac Chyna painted her Ferrari Barbie pink which violates Ferrari's rule of not painting their cars any shade of pink. - Yeah. - Look. Companies are allowed to have the right to refuse service to you, buddy, right? Just like the McDonalds. - Just like the fries, just like, fancy old McDonalds. And I'm not talking about Olive Garden, mate! - I get it. I think some of the reasons are dumb, though. - Some of the reasons are dumb, and I like the picture that, like, there's a part of their legal department that is just, like, all right guys I got an idea, okay? Justin Bieber forgot where he parked his car. - How long was it for? - Like, two and a half hours. - Get his ass! - Dude, let's blacklist him, that'd be hilarious, dude. That guy thinks he's so f***ing cool! But if we give them the benefit of the doubt, and just assume that they're hilarious? - That they're having fun? - Yes! They're over there just, like, dude, another one dude? Yeah! - That being said, yeah they're in their rights. - Yeah. There's one last thing that we have to do now, Nolan. What you have before you right here is a Ferrari badge. - Mkay. - We're gonna go stick it on my race car Jeda. - Oh boy... - Why? Because receiving a cease and desist from Ferrari is almost like a badge of honor for huge celebrities like me. And I think that it would be really funny to hang that on the wall so it's the first thing you see when you come in the donut. - This is, uh, pretty well done, I would say. - Yeah, man. - Emblem. - SF stands for San Francisco where they make Ferrari's. San Francisco, literally. (laughing) Got these on Amazon for fifteen bucks. Which last time I checked, is way cheaper than a Ferrari. But, if we put these on the race car Jeda, I don't think anyone will be able to tell the difference. So shall we, Nolan? - Let's do it. - So we're outside of the Englewood Propulsion Laboratory in front of my race car Jeda. Nolan, let's commit a crime. - All right, love crimes! There it is, there's your badge there. - Let's get sued, Nolan. - All right. - We'll put him right here. - Mkay, ready? (intense music) - Spider-horse! Can you imagine walking through the woods and seeing a freaking spider-horse? A venomous horse with eight legs? I'm scared of horses with four legs! (laughing) - [Male Voiceover] Ladies and gentlemen, James Pumphrey. (applaud) - Today we honor a lost innovation. Let us remember it's legacy, let us remember it's rising light. Though no longer with us due to safety regulations, their up and down contributions will live on in our hearts forever. Here with a special from Epidemic Sound, please welcome Nolan Jason. (piano playing) Show your respect for Popup Headlights by going to donutmedia.com. It's got a beautiful airbrush design and honestly, it's hard to put a price on such a legacy, but, if I were to guess I'd say... they're available for $29.98, which is, in fact, way less than 30 dollars. So go pay your respects at donutmedia.com. Bless up and down. - Thank you guys so much for watching the D-List and everything else on Donut! Hit that subscribe button, make sure you don't miss anything. Follow Nolan on Instagram and Twitter at @nolanjsykes. Follow me at @jamespumphrey! I love you. - See you later.
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Channel: Donut Media
Views: 1,435,711
Rating: undefined out of 5
Keywords: ferrari lawsuit, ferrari, ferrari deadmau5, purrari, purosangue, ferrari suv, ferrari purosangue, philipp plein ferrari, lawsuit, legal battle, ferrari cease and desist, donut media, dlist, james pumphrey, nolan sykes
Id: CokyluC1zPg
Channel Id: undefined
Length: 17min 41sec (1061 seconds)
Published: Fri Oct 22 2021
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