1962 Ferrari 250 GTO
1962 Ferrari 250 GTO, s/n 3851GT

Is the Ferrari 250 GTO About To Be Replicated?

The 1962 Ferrari 250 GTO has been described as a work of art, recently fetching a price of $US48 million in 2018 at a RM Sotherby’s auction held in Monterey, California. This makes the Ferrari 250 GTO one of those most expensive cars of all time. Back in its day though, you could have purchased one for around $18,000.

A total of only 36 Ferrari GTOs were only ever produced between 1962 and 1963, and three ‘Series II’ were built in 1964. This has brought the total of GTOs ever made to just a mere 39. With the 250 GTO, Ferrari dominated international GT racing, highlighted by winning the FIA World Manufacturers Championship from 1962 to 1964. This, combined with it rarity makes the GTO 250 one of the most sought after cars of all time.

Red Ferrari GTO 250
Ferrari 250 GTO 55th Anniversary Rally

Ferrari has always maintained a trademark to the shape of the 250 GTO, securing exclusive rights to its reproduction and other products such as model cars and toys.

However, in a landmark ruling with the European Intellectual Property Office (EUIPO), these exclusive rights may have come to an end.

The legal battle arose when in 2018, a car builder, Ares Design (founded by Dany Bahar, a former Ferrari Executive) announced plans to sell a ‘reinterpretation’ of the Ferrari 250 GTO. Ferrari at this time won the argument to prevent Ares Design, from copying the body shape, with the court ruling that the Ferrari 250 GT is a work of art and could not be copied.

Ferrari 250 GTO 55th Anniversary Rally

Fast forward now two years and things have changed dramatically, with Ferrari losing the trademark rights to the exclusive shape of the body in a recent court ruling. Ares Design legal team won the legal battle through the “Use It Or Lose It” argument. A European Union trademark can be revoked if, within a continuous period of five years, the trademark has not been put to genuine use.

This ruling can now potentially lead the way for replicas and kit cars copying the classic design of one of the rarest and most collectible Ferraris ever made. At this stage, it is unclear if Ferrari will challenge the latest decision.

ares design

Ferrari though does preserve the 250 GTO shapes trademark for toys and model cars.

Show Comments (2)

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  1. It was to be feared that sometime someone would somehow try to make money (yes even more money) out of iconic cars than seemed possible. It’s a real shame!
    This ruling shows exactly how it’s done. Now you need to challenge the trademark (after “it hasn’t been put to genuine use in five years”) at the EUIPO and with enough money, connections and ruthlessness you might make yourself a name for an ‘extraordinary carmaker’.

    There are enough very rich buyers that want to own such a car. Obviously they are not real car enthusiasts, they don’t care about originality. Neither are ARES real enthusiasts, they seem to be eager to make a name for themselves. But money can’t buy originality …
    I for my part don’t like the ‘blending’ of makes, engines, designs of different areas and times. Result: costly bastards.

    Finally, this seems to be another Artioli Bugatti-revival-story. The similiarities, down to the big Modena based ‘factory’, are too obvious. On a given day, there are lots of money (where does it come from?), fantastic projects, lots of concept cars – and then, one day, there is no more money. No more cars …

    And to finish the story: What came of the many concepts and projects of D. Bahar at LOTUS? Not one car was built. And then Geely bought Lotus.

    As I said, see above for comparison. Artioli also had his hands in Lotus. But he at least helped the genesis of the ELISE. Great!