The head of a German toy company has successfully sued Ferrari over the use of the name Testarossa for licensing products. The Italian auto maker has held the trademark on this name but not actively used it in over twenty years. The court upheld that since that was the case they no longer had the right to copyright the name. The toy company intends to use the name to brand numerous products including a bicycle.
- Since the Italian automaker hasn’t used the Testarossa name on a car in more than two decades, the court decided it couldn’t keep others from using it.
- Hesse wanted to be able to use the Testarossa name on a few different products, ranging from bicycles to shavers. And he didn’t want to have to pay a licensing fee.
- Ferrari argued that it actually does still use the name since it provides parts and restoration services to Testarossa owners. According to the court, that isn’t enough because those services are provided under the Ferrari brand.
““A brand needs to be used to protect it, which the company has not done here.””