In the first half of June 2020, several German news portals published sensational reports about a police intervention in the city of Duisburg. Why are we writing about this event? Well, according to reports from German media, a German police patrol noticed a Ferrari parked on one of the streets of Duisburg, or rather, as it turned out, a car with a distinctive logo, i.e., a black horse on a yellow background. Why not a Ferrari? After a closer inspection, the police determined that the car in question was actually a Toyota MR2, which served as the basis for creating a replica of a Ferrari.
As a result, the police patrol concluded that this constituted an infringement of Ferrari’s trademark rights, which are widely known in the automotive market. The disputed trademark was also noticed inside the car, which led to the taking of appropriate action.
What happened next with the disputed car? It was towed and impounded, and its owner, due to the intervention, can expect negative consequences, including paying a fine and restoring the Toyota MR2 to its original condition, which will not be misleading and will not violate Ferrari’s protective rights. In addition, the relevant administrative authorities may want to examine the car’s technical documentation in the context of illegal modifications or tuning.
Interestingly, in this case, it is worth considering what the police’s powers are, i.e., whether it is within their scope of duties to examine trademarks, rather than, for example, checking whether a given car is suitable for use and whether its technical condition allows for safe driving on the road? In this case, at first glance, it seems that the police intervention was excessively zealous.
Moreover, as a result of the publicity surrounding the case, the owner of the unfortunate car can also expect an official complaint from the Italian sports car manufacturer.
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