Jaguar sues a bloke who build a replica - and wins!

**john** · 11-02-2021, 15:22

Originally Posted by Longtimefan

I had the impression that it is an Indian company?

I think it was the Indians who bought it off Ford, but god knows what's happened in the meantime.
Sounds like Gordon might know who actually owns it. Most of these geezers want to call themselves British. Until it's time to fill in the tax return anyway.......

**David J** · 11-02-2021, 15:34

I believe TATA now own JLR

**LPH_UK** · 11-02-2021, 16:04

Originally Posted by David J

I believe TATA now own JLR

Yep and Tetley Tea!

**Stratos Fear** · 11-02-2021, 16:13

FWIW Many years ago I used to work for Tetley Tea (pre-Tata) and understand the Tata take-over was pretty brutal - with not much sympathy for the long-established traditions of the Company.

**colin artus** · 11-02-2021, 16:19

I had a quick read through the Swedish court decision ( translated!) and the basis of the judgement was the design was protected for 70 years after the death of the designer, deemed to be Malcolm Sayer (d 1970).
https://drive.google.com/file/d/1bTb...Z_bPvI8eP/view

**LPH_UK** · 11-02-2021, 16:28

So when the designer dies the rules at the time was 25 year protection. This meant after 1995 you could make a replica.

The law was changed in 2020 to extend it to 70 years. If the replica was made whilst the rules allwoed it, how can new laws make it illegal? I thought stuff like this couldn't be applied restrospectively?

The press release also say the case was initially started in 2018 - which was before the extnesion of the rights to 70 years?

**john** · 11-02-2021, 16:56

More and more mysterious then.
If the press release is to be believed, there does seem a good case for appeal. Maybe Sweden are looking for a deal to fill up the SAAB factory again.
If the worst comes to the worst they can always seek refuge from Swedish law in the Bolivian embassy.

**Normb666** · 11-02-2021, 17:34

So the "design" is protected, but what does that mean? The under-the-skin build or layout of the components? Or the shape itself? If it's the shape, you only have to make a slight alteration and then it's no longer a replica. In fact maybe this whole thing comes down to what's considered a "replica"? Are these C-Types so close you could class them as such? None of our cars qualify, as they don't have a steel centre monocoque for starters. They're merely "homages" to the originals and based on the 250GTO ruling, we're home and dry as Lancia and Fiat have done nowt with the Stratos for years...in fact they even lost the name, as I remember!
Again, I think this is down to the Swedish court not understanding the issues.

As for JLR not being British, well maybe the owners aren't, but the factories and a lot of the management, including senior figures, sure are. Interestingly, the original Tata company was run in a very Quaker-type way, with much concern for the care of its employees. Maybe they need to be reminded of their social and ethical duty.

**Lancialulu** · 12-02-2021, 15:38

Keep up to date John! Lancia is a premium brand that will be relaunched in 2024 under the new Stellantis product strategy. Lancia is at the top of the tree with Alfa and DS.