The 1989 has a Patent that WB put on it that last a term of 14 years, and expired in 2004,  I'm not really sure when the first replica's started popping up (what year i mean) so i dont know if the replica's came during or after the 14 year patent.

Now if you make a copy of something that someone has copyrighted, or patent, they can take you to court and sue you, right?

Ok if THAT is true, how do all these people FREELY express the fact that they make replica Lambo's, Ferrari's, Ford Cobra's, GT40's and other highly expensive cars, that in fact SOME of the actual cars are still being produced today, and still get away with it without being caught.

I dont see them going up to the dealer of Ferrari and saying, "hey man i wanna make fiberglass copy's of your design, make money off your hard work, and keep people from buying the real deal, ok?"

Another thing, say someone comes out with a new car, like the Saab Aero X, and John Henry over there decides to take one, cast a mold, and build a few himself.   That car just got off the assymbly line, and the design is owned by Saab, can he not be taken to court for such a thing?  I'm curious...

Basically my question is, how do they do it, and get away with it, without being sued?

The reason i ask is I had another project/thought run thru my head this morning, and if i ever win Ben Stein's money, i plan on building it too, but i would rather keep this one "in the garage" until its finished, ya know? 

The patent # DES.311,882 was Applied on April 28,1989. The patent was approved on November 6, 1990 for a term of 14 years, it expires on November 6,2004. Patents CANNOT be renewed after the expiration date. The ONLY exception is when drug manufactures patent a new drug or process and is awaiting FDA approval; an extension can be applied for time lost during the approval period. Now; WB can and will take anyone to court, if they feel that their franchise is being infringed upon. By the use or misuse of there copyright name of Batmobile, Batman and so on. Copyrights have no expiration dates they last forever and can be transferred from individual or entity. Such as the bat emblem is copyright protected.


LEGAL STUFF

The term of the patent shall be generally 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application under 35 U.S.C. 120, 121 or 365(c), from the date of the earliest such application was filed, and subject to the payment of maintenance fees as provided by law. A maintenance fee is due 3 1/2, 7 1/2 and 11 1/2 years after the original grant for all patents issuing from the applications filed on and after December 12, 1980. The maintenance fee must be paid at the stipulated times to maintain the patent in force. After the patent has expired anyone may make, use, offer for sale, or sell or import the invention without permission of the patentee, provided that matter covered by other unexpired patents is not used. The terms may be extended for certain pharmaceuticals and for certain circumstances as provided by law. Under certain circumstances, patent term extensions or adjustments may be available.

Any 'copy' based on the car, could in theory be confiscated or disposed of, by DC anytime they wanted. I doubt they would bother with 'fan owned' cars. Different story if you tried to make money out of it, or 'harm their image & reputation' with the car. Then you'd be toast.



"There is no end but the end is near!"

They are making money off these designs that arent even theirs.

So if i were to say...go buy a 2008 Ford Truck, and cast a mold of the truck, and build a custom chassis for that cast body that i made, BUT not sell it, use it for my personal fun car, then there is technically no "harm" done in fords eyes?