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2 August 2018Trademarks

Steve McQueen’s son tries to put brakes on Ferrari promotions

The son of late actor Steve McQueen has sued  Ferrari for using his father’s persona to market a car without permission.

McQueen’s son, Chad McQueen, alongside City National Bank, filed a  trademark infringement complaint at the California Superior Court on Monday, July 30.

Chad McQueen and the Terry McQueen Testamentary Trust are the co-owners of the actor’s right of publicity and trademark rights.  City National Bank is the trustee of the latter.

According to the complaint, McQueen, who died in 1980, had a “passion for speed and danger” and is known for his fondness of fast cars. He even performed many of his own movie stunts involving car chases.

The actor’s love of cars has resulted in what the claim describes as the ‘Steve McQueen effect’, which drives the value of anything he once owned, especially cars.

For the past 30 years, the McQueen family has deliberately limited car and motorcycle themed projects featuring the actor. When a car manufacturer does feature McQueen, his family “has closely consulted, managed, and protected the use of Steve McQueen’s persona to ensure that each project is authentic, of high quality and performance, and represents the essential McQueen style”.

The family rejects projects that do not meet these standards.

In 2011, Chad McQueen said that he personally visited the Ferrari factory in Italy and expressed interest in potentially working with the company on a special McQueen car. However, he said that he and his family would have to maintain approval rights and involvement in the project.

Despite this, the claim alleged, Ferrari began marketing and selling a special edition Ferrari called ‘The McQueen’ in 2017 as part of the car manufacturer’s 70th anniversary special edition models. ‘The McQueen’ model allegedly carried a significant price increase over the standard Ferrari model.

This was done without notice or authorisation, alleged the claim.

The car manufacturer also used Steve McQueen’s image in its marketing strategy, including on its website, social media, and brochures, claimed his family.

Ferrari has “benefitted from its use of Steve McQueen’s IP by trading upon Steve McQueen’s goodwill and reputation in the relevant public in order to promote and sell ‘The McQueen’”, said the claim.

The complaint added that Ferrari also profited from the sale of other special edition 70th anniversary model cars that were promoted in conjunction with ‘The McQueen’.

Ferrari’s actions have resulted in a loss of licensing fees for the McQueen family, said the claim.

While Ferrari re-named the car as ‘The Actor’ upon request, the family alleged that Ferrari continues to expressly reference Steve McQueen and there is “no question” over which actor is linked to the car.

Chad McQueen is seeking an injunction against Ferrari over promotions that reference Steve McQueen and damages of no less than $2 million per registered trademark.

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