Can you sue for this?

Discussion in 'Motorized Vehicles' started by Tippey764, May 21, 2009.

Thread Status:
Not open for further replies.
  1. Tippey764

    Tippey764 Notebook Deity

    Reputations:
    377
    Messages:
    1,423
    Likes Received:
    0
    Trophy Points:
    55
    Today i was telling someone the story of my brothers old car and how the new owner claims all the work my brother did as his own. Well the car has made it in many magazines and won many shows and the new owner has most likely profited off someone elses work and not even given credit to my brother for the work. Anyways Heres my brothers car when it was his then the second link is the new owner and his bull like the magazine its in where it says " Built not bought " Thats a big lie and i honestly think you could sue over it.

    http://forums.evolutionm.net/evo-show-shine/190642-cj9a.html

    http://www.cardomain.com/ride/401787
     
  2. Silas Awaketh

    Silas Awaketh Notebook Deity

    Reputations:
    891
    Messages:
    1,676
    Likes Received:
    0
    Trophy Points:
    0
    Yes, you can.
     
  3. Cin'

    Cin' Anathema

    Reputations:
    14,217
    Messages:
    15,409
    Likes Received:
    86
    Trophy Points:
    466
    Wheres Shyster? He would know...:D


    Cin ;) :)
     
  4. HTWingNut

    HTWingNut Potato

    Reputations:
    21,578
    Messages:
    35,409
    Likes Received:
    9,865
    Trophy Points:
    931
    While it may be quite unethical to claim work done by yourself when it's not, I don't think you can sue if there was no binding contract that the builder said he gets X% of profit if the new owner makes money on it. Just like if you were to build a unique killer PC for someone, and they made a profit off it for whatever reason, you can't get that money.

    Now if he defamed your brother and his work and told lies directly about HIM or HIS WORK, it would be a different matter.

    The magazines or other places he submitted photos and specs to if they have some rule that it must be built by the submitter or at least give credit to the original builder(s), then that would be between the magazine and the owner.
     
  5. Tippey764

    Tippey764 Notebook Deity

    Reputations:
    377
    Messages:
    1,423
    Likes Received:
    0
    Trophy Points:
    55
    Well wouldnt it be considerd a lie saying he built the car himself when he didnt?
     
  6. aan310

    aan310 Notebook Virtuoso

    Reputations:
    738
    Messages:
    3,811
    Likes Received:
    2
    Trophy Points:
    106
    i don't think you can sue for some one lieing...

    Any rate, because he purchased the car, any profit off of betting on racing or people taking pictures are his. If he was paid for his 'work' on his car by one of the part manufactures, then maybe
     
  7. HTWingNut

    HTWingNut Potato

    Reputations:
    21,578
    Messages:
    35,409
    Likes Received:
    9,865
    Trophy Points:
    931
    It is a lie, but (from what you're saying) he hasn't brought your brother's name or work up at all. This would in no way injure him personally, professionally, or financially.

    If I bought the Mona Lisa and owned it outright, then put my name on it, it would be unethical, but not illegal (at least in US that I know of).

    I don't agree with it at all, but while I am not an attorney, have spent enough time speaking with many that I can almost guarantee this is the case. Of course any attorney will try to convolute it any way they can, and in this case, hopefully they can to your brother's advantage.
     
  8. aan310

    aan310 Notebook Virtuoso

    Reputations:
    738
    Messages:
    3,811
    Likes Received:
    2
    Trophy Points:
    106
    btw... this is OT but tell your bro that that is a HOT car :D
     
  9. santa-u2

    santa-u2 Notebook Consultant

    Reputations:
    13
    Messages:
    182
    Likes Received:
    0
    Trophy Points:
    30
    if your brother registered for an patten right, then the answer is Yes.
    If not, unfortunately, you might not sue a person who is getting profit from a good he/she bought.

    second thought: If your brother is able to prove the same exact model and the same exact car is made by him and the buyer basically stole the patten (another word, if your brother is able to prove the transaction and the source of this car that he previous owned, along with the patten and design that he created and invested into this card), Yes, Court is able to identify the patten for your brother, therefore, is able to get your brother's right.



    to be exact: the buyer bought a car, physically, not including the patten and design that your brother put into this product.

    think of this case in a similar way of buying a Software CD.
    even thought the software might not get pattened or copyrighted, but as long as you are able to prove the date and the originality of design and creation, you can show it to court.

    that buyer is performing illegal actions.
     
  10. Ferrari

    Ferrari Notebook Evangelist

    Reputations:
    342
    Messages:
    336
    Likes Received:
    6
    Trophy Points:
    31
    im not sure if copyright covers cars yet but it might. But if it does its illegal to claim sombody elses work as your own.

    imo if you or your brother wants to pursue this, get proffesional adivice from a lawyer

    copyright law:
    http://topics.law.cornell.edu/wex/Copyright
     
Thread Status:
Not open for further replies.

Share This Page