Ferrari found that in the video game Grand Theft Auto 4 (GTA4), produced by Take Two Interactive, appeared a car model called Turismo built by Cave, who, she repeated the characteristics of the Ferrari 360 Modena on which it claims rights under intellectual property designs.
Ferrari did make findings of purchasing the three versions of the game in Fnac stores, Micromania Games and ABC as well as findings on the websites operated by companies and Fnac Direct Micromania. She also arranged for a seizure of counterfeit goods at headquarters company Take Two Interactive France that sells the game in France.
In March 2009 she was summoned before the Tribunal de Grande Instance de Paris Companies Take Two Interactive Software Inc. and Take Two Interactive France and their retailers: companies and Fnac Fnac Paris direct Micromania and Micromania France, ABC Games International.
Ferrari accused them of infringing acts of its car model 360 Modena on the basis both of Book V as that of Book I of the Code of intellectual property. She also considered that the companies have committed separate acts of unfair competition because the game resumed, in addition to characteristics of the Ferrari 360 Modena, other items referring to the universe as a Ferrari logo of a horse sitting in a patch reversed, writing the name of the graphic showing Turismo Ferrari and even the name referring Grotti Ferrari.
Finally, Ferrari urged action against the defendants for damage to its image as the car is integrated Turismo "game violent and vulgar to which it does not wish to be associated. Moreover, the horse sat down and name cave in English means shabby return a degraded image of the Ferrari company . During the procedure, Ferrari decided to extend its action also overlooked the game GTA San Andreas " showed, again under the name Turismo but with a crest depicting a rabbit standing in another of its registered design the Ferrari F40 .
Regarding the existence of intellectual property rights, the judges of the High Court are that:
"This vehicle protected by design law or by the copyright can not be considered as counterfeit when the particular combination of characteristics that he claims is reproduced.Regarding the model of the Ferrari 360 Modena, the judges felt that " in this case, if it can be assumed that the front of Turismo takes most of the characteristics of the front of the 360 Modena (but do not constitute a slavish copy), it should be noted that the back is very different (rectangular headlights, central air vents, two central exhaust) and that in particular the round lights specifically attached to the image of Ferrari, are not included "and thus" it is clear from all of these elements there are commonalities between the two vehicles involved, but that, however, the vehicle Turismo that has a particular background very different from the Modena 360 does not reproduce the combination of decorative elements that gives it its own character and originality so that counterfeiting is not characterized, each vehicle having a distinct physiognomy . "Similarly, judges believe that there is no infringement of the F40 model.
the field of unfair competition, the judges have a different approach . They note that:
In the game GTA 4, the company is on Ferrari the vehicle in question, the presence of a logo depicting a horse sitting in a patch overthrown and de Turismo graphics with the bar of the T extending over all the letters in the word. Finally, it argues that the name Grotti attributed to the manufacturer's name evokes Turismo Ferrari.
It is undisputed that the Prancing Horse is often represented in a shield is emblematic of the Ferrari company and it enjoys the reputation acquired by sports cars and racing brand.
It is also undeniable that the design chosen for the word Turismo is very similar to the Ferrari with the top bar of the first letter extending the entire word.
The horse sitting, graphic de Turismo and the Italian sounding name Grotti, associated to a motor vehicle sports with certain characteristics in common with the Ferrari car, can only encourage the player to make a comparison between the Turismo and the Modena 360.
So while other automakers have chosen a horse (Ford Mustang, Porsche) to symbolize the power of their engines, the plurality matched and evocative elements of the Ferrari lead the player to retain only one vehicle: the Ferrari model which appear closest to the vehicle in the game this Turismo
And thus they conclude that:
These links or associations do not cause any irony or derision from the players and they see only that they are thus proposed the virtual driving a Ferrari prestigious vehicle under cover model turismo.
So far from having a parodic purpose, reconciliation with the universe Ferrari intended to confer Games an additional interest of offering players the chance to drive them to assimilate Modena 360 or F40, which provides a commercial advantage to operators of these games.
Also, it is necessary to admit the existence of wrongdoing to the detriment of parasitism of the Ferrari company
Regarding the damage to the image, the Court observes that:
The GTA games suitable for adults are scenes of violence or sexual nature with prostitutes or strippers.
According to the European system Information on games PEGI, the game GTA4 is for adults because of the presence of violent scenes, the reference to drug use and the use of coarse expressions and play GTA San Andreas because of the presence of scenes of violence and the use of foul language.
But as has been pointed out above, the players make a link between models Turismo and Ferrari vehicles so that they are associated with particularly violent world of GTA games, cons the will of the Ferrari company.
These games have been criticized favorable as they are described as hiding a cultural satire, violent, intelligent, profane, endearing, obnoxious rich and playful, profound and convincing (New York Times), whose beauty and richness of the decorations are particularly highlighted (Direct evening).
Nevertheless violence is undeniable, and only the Ferrari company can decide whether to associate the image of its products to such a universe. Moreover, the fact that its vehicles can be linked against his will to violent episodes could not be opposed.
The parodic nature of the game does not exclude the fault since the presence of vehicles with reference to the universe Ferrari aims to obtain a commercial advantage to the producer of the game by arousing the interest of the players by the prospect of driving vehicles prestigious plaintiff.Finally, the Tribunal de Grande Instance de Paris believes that corporations Take Two Interactive Software Inc., Take Two Interactive France, companies and Fnac Fnac Direct, Micromania and Micromania France, ABC Games International in France by selling games GTA 4 Andreas and GTA have committed wrongful acts of parasitism and have damaged the image of the products of the Ferrari company.
He condemned them jointly and a total of 100,000 euros in damages. He enjoined, under penalty of 2000 euros per day of delay per game, Take Two Interactive to stop the marketing of games and GTA4 GTA San Andreas with the contested elements by Ferrari and disseminate on its website or through d an update of the game to remove a patch:
- Game GTA4 references to sit a horse, after Grotti and a brand whose initial letter is shooting on the following letters in the style of Ferrari logo associated with the model Car Auto Turismo
- the game GTA San Andreas references to a nose and lip after Grotti associated car model car Turismo.
Source: TGI Paris, 3ech, 25/11/2010, Ferrari SPA v. Take-Two Interactive Software Inc., Take Two Interactive France, Micromania, France Micromania, ABC Games International, Paris FNAC and FNAC Direct (unpublished)
Author: Benoit Tabaka - http://tabaka.blogspot.com 
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