Ferrari has successfully overcome a refusal by the Australian Patent Office for registration of its vehicle model Ferrari 488 Pista Spider.
The case concerns a design application for this model filed in 2018 in Australia. The design was refused by the Office because it was similar to prior design of Ferrari 488 Spider.
As it is known, you can register a design only if it is new and original.
Ferrari didn’t give up. They hired the well-known expert in the field of luxury cars Anthony Moss to make a professional analyse of both designs. According to him they were sufficiently different taking into account that in the case of sport luxury vehicles consumers pay attention even to smallest details.
In the appeal the Office changed its position. It agreed that when it comes to car design, authors freedom to innovate is somewhat limited because they always have to use wheels, doors, bonnets and mirrors. So in that regard consumers would apportion more weight to areas where the designer has freedom to innovate, which in this particular case was the front and rear section of the car.
In the case at hand, the new model has some differences. For example, an air damn and air scoop running through the front bumper and up through the bonnet of the 488 Pista was different compare with the older design. The air damns and the wrap around diffusers in the rear of the new model were also considered different.
This case shows clearly that protection of industrial designs can be quite tricky sometimes. The freedom of innovation has to be bear in mind and the field for which the designs will be used. This can be crucial for the success or failure of the design application.