Yes, ******* does watch, and does like to sue. I got a letter from them back when they were nuking McBurnie (I had sold two Daytona Spyder replicas and they were very interested in that).But...there are some companies that can make replicas of the ******* Marque, as long as the car is different enough. There's a company that makes a 288 GTO replica out of a 308. Making a replica of a ******* out of a ******* I would guess would allow you to even use the badges.
The biggest issue is using the badges. Sometimes it's the car itself - like, for instance, making a replica of a current-production car - but, for the most part, the guys who get in trouble are the guys who sell the cars with the badges; it's sometimes called dillution, or even forgery.
Now, the lawyers can take you to court over body style and trade dress. But not all bodystyles are trade dressable. And not all companies that say they have trade dress (like Shelby) actually do.
As an example, I've got a very nice 50s Testa Rossa body I've got my eye on for my next kit I plan on offering. ******* could - in theory - come after me for that. It's going to be interesting to see if they do; the car's quite old, and there are no trade dress issues that I can find on any books anywhere (I'm sure that *******'s attorneys will enlighten me if there are any I missed). But, then again, I certainly wouldn't advertise it as a *******, a ******* replica or anything like that. Heck, I grew up with Speed Racer, and the car looks a heck of a lot more like the Mach 5 to me...
However, I think that the courts aren't as stupid as *******, Shelby or any of the other huge corporations would like to think they are. They can do math, and they can see how old items are, and they can read. And if you can't find any documentation supporting your position, you're not going to win. Shelby sued and lost. Ford - according to their attorneys - seemed to have figured out that suing Superformance would in essence be suing themselves. These companies do get the message on the old body styles.
If you make a replica of a new body, though, the gloves are off.
Your pal,
Meat.
