Photos: Talacrest

A year ago, Ferrari won a case brought by Ares Design, a custom-car shop located about 20km away from Ferrari HQ in Modena, Italy, who copied the Series 1 250 GTO when it styled its own retro custom based on a modern Ferrari 812. A court in Bologna, Italy, reportedly recognized the Ferrari 250 GTO as “a work of art that could not be imitated or reproduced.”  

Founded by former Ferrari executive Dany Bahar, who was also once CEO of Lotus, Ares Design was able to launch a counter-lawsuit to strip Ferrari of the rights of the 250 GTO body shape, of which 36 were made. Ferrari fought back, but EUIPO (European Union Intellectual Protection Office) has sided with Ares. Sadly, Ferrari lost now its exclusive rights to the design under the European Union Intellectual Protection Office’s “Use It Or Lose It” rules, reports Forbes. 

Back in 2008, Ferrari trademarked its Ferrari 250 GTO, the world's most expensive, rarest and most collectible Ferrari ever made. However, for companies to retain their rights to trademarks with the EUIPO, they must actively put them to use. Ares pointed out any trademark that hasn’t been used by its holder in five years should be cancelled, according to EUIPO protection rules. Since Ferrari hasn’t built 250 GTO tribute cars since 1962, it’s unfortunately lost this complicated battle.  

The European Union Intellectual Property Office released the 250 GTO design for "Class 12" use, the designation for vehicles and their assorted components, as well as for "Class 25" (clothing and related merchandise) and "Class 28" ("Games and playthings, except toy vehicles and scale-model vehicles") uses. As a result, Ferrari have maintained the trademark for making scale models and toy vehicles.

This decision translated opening the door for legal third-party companies to build and sell GTO replicas that could be on the way in the future. It’s to be expected! Ares Design CEO Dany Bahar has stated it in 2018 they wanted to build a limited production run of the 250 GTO that would be a “modern interpretation, not a copy.” Yet we didn’t see see a single example roll out of the factory. The battle might be lost, but is the war over? 

Automobili Magazine stated it if Ferrari has its way, none of those companies will be able to use the "250 GTO" name. Days before receiving the EUIPO's cancellation decision for its 250 GTO non-text trademark, Ferrari filed paperwork to trademark the 250 GTO name, covering automobiles, video games, sunglasses, toys, and more. That name trademark application entered the "opposition period" that lasts until October 2020, after which Ferrari can be awarded the trademark for "Ferrari 250 GTO." Take that, copy cats!

So while Ferrari may not have the trademark to its most famous race car anymore, it seems like Ares doesn’t really have any solid plans to do something with it either.