Ferrari gets a lawsuit for taking over Facebook fan page

[GoodBytes]

Back in early 2009, there was a Ferrari fan page on Facebook which grew over 50 000 members. In February, Ferrari took over the fan page. Report Ars Technica. Today, The author of the fan page, sent out a lawsuit to Ferrari for taking over his fan page.

In February of that year, Olivier Wasem [author of the Ferrari fan page] got an e-mail from a Ferrari employee stating that "legal issues force us [Ferrari] in taking over the formal administration of" the Ferrari fan page. The same employee promised "to preserve and even enhance your role in the Ferrari Web Presence and communities."

The suit claims that Ferrari's head of online commerce confirmed the partnership, writing in a separate e-mail that "Your page could become the Ferrari Official Page and you could collaborate with us to manage it."

It goes on to describe how the Wasems and Ferrari did in fact collaborate on the page from 2009 until 2012, at which point the page had about nine million fans. A separate Formula One page had about 200,000 fans. An online study claimed Ferrari "put the company far ahead of any other carmaker in terms of engagement on Facebook," the complaint notes.

In their lawsuit, the Wasems say Ferrari, aided and abetted by Facebook, breached a contract with the Wasems. The deal they struck in 2009 never included handing over control of the page, they argue. The page's value has increased, and the Ferrari Facebook page now has more than 16 million fans.

"Ferrari wanted it," the Wasems state in their complaint. "So, with Facebook's knowledge and substantial assistance, Ferrari took it, and they have both profited from what the Wasems created."

He was joined as co-administrator title, part of an agreement partnership (else Ferrari would use legal action to take it down or take it over, potentially), of the Facebook page, as part fo an agreement, but got quickly demoted within months to 'content creator'. And then after complaining, he then lost his role and access to the Facebook page.

On July 31, 2012, the Wasems were informed that they had been downgraded from co-administrators to "content creators." The same day, Olivier wrote to Ferrari employee Claudio Russo, demanding to be reinstated.

They were unable to agree, and their dispute moved into court. The California proceeding filed last week is not the first. The Wasems first initiated legal action against Ferrari in February 2013 in a Swiss court. "Four days later, in apparent retaliation, Ferrari alleged, in a proceeding in Italy, that the Wasems had violated the company's trademark rights, even though... [Ferrari] had expressly asked the Wasems to use the Ferrari logo."

That same month, the Wasems lost access to their Formula One page as well. Even their lesser "content creator" status was revoked. According to the complaint, Sammy Wasem even lost access to his own fan page (as an aspiring Formula One driver), "which had no connection to Ferrari whatsoever."

The lawsuit demands at least 50 percent of the value of the Ferrari fan page and the Formula One page, and a $1,000 per fan valuation, and Wasems also ask to be reinstated as co-administrators of the page.

Source: http://arstechnica.com/tech-policy/2014/10/ferrari-hit-with-lawsuit-for-taking-over-facebook-fan-page/

[Trik'Stari]

Not surprising. If I remember correctly Ferrari are prideful douchebags

[thebennyboy]

The lawsuit demands at least 50 percent of the value of the Ferrari fan page and the Formula One page, and a $1,000 per fan valuation, and Wasems also ask to be reinstated as co-administrators of the page.

 

Does he honestly believe he's going get that? What an idiot.

[Shalashaska]

Oh cry me a river, if there was no Ferrari what would this Wasem have?

 

I hate people who take the names of other things, every popular youtuber can never get an account in his own name because some oxygen thief will have taken it.

 

(inb4 someone tells me that revolver ocelot wants his avatar back)

[Hans Christian | Teri]

Good luck, what a fucking douchebag.

[GoodBytes]

Does he honestly believe he's going get that? What an idiot.

You always demand more than what you get. Probably wants 50-100$. If he asked 50-100$, then we will probably get 1-5$

[thebennyboy]

You always demand more than what you get. Probably wants 50-100$. If he asked 50-100$, then we will probably get 1-5$

 

I honestly hope he gets nothing. 

[xRAGExSounDxRIOTX]

Not surprising. If I remember correctly Ferrari are prideful douchebags

Yep, which is one of the reasons that if I was wealthy enough to buy a car like a Ferrari, I would go with something different. They also have sent a Cease and Desist order to Deadmau5 for his "Purrari" modifications. They also modify their cars for the roads that you are going to drive on for a review. For example, if /Drive wanted to do a review of the F12 Berlinetta, they would demand the roads they are going to drive on so they can set up the car for that specific occasion, to make it look better than it actually is.

[bob345]

I hate Ferrari as a company, they deserve to be sued. Remember this?

http://jalopnik.com/ferrari-sent-deadmau5-a-cease-and-desist-about-his-purr-1627640534

[Victorious Secret]

What a moron.

Ferrari owns that brand top to bottom. He profited off that brand that he didn't own and Ferrari exercised their right to take it over.

Ferrari might be dicks, but they weren't wrong on this.

What is he going to say? He should get a cut of profits from running a FB page from the most valued brand on Earth?

And the Formula One page? He wants FIA profits now? Really? He wants Sergio to call up Bernie and have him tell this kid to pound sand? You don't mess with Ferrari or FIA property and income like that.

[Jaybird]

Does he honestly believe he's going get that? What an idiot.

Probably not. It will be left up to the judge or jury to officially decided the suggested value. For instance, I could take you to court tomorrow on the bias you harassed me so much that I lost time and money which I cannot recover. And I am suing you for 1 million dollars for ever word you said to me. Yes, highly unreasonable but the final decision will be the judge or jury.

[Jaybird]

What a moron.

Ferrari owns that brand top to bottom. He profited off that brand that he didn't own and Ferrari exercised their right to take it over.

Ferrari might be dicks, but they weren't wrong on this.

What is he going to say? He should get a cut of profits from running a FB page from the most valued brand on Earth?

And the Formula One page? He wants FIA profits now? Really? He wants Sergio to call up Bernie and have him tell this kid to pound sand? You don't mess with Ferrari or FIA property and income like that.

For the most part, some companies have legal writing that allows people to use their logo for personal use and not for profit. That said, it started as a fan page with generally no profit being made to having a binding contract that apparently was not being abided by farrarri. This potentially gave the user legal right to carry the name and logo and receive profit from it.

[warmmilk]

Yep, which is one of the reasons that if I was wealthy enough to buy a car like a Ferrari, I would go with something different. They also have sent a Cease and Desist order to Deadmau5 for his "Purrari" modifications. They also modify their cars for the roads that you are going to drive on for a review. For example, if /Drive wanted to do a review of the F12 Berlinetta, they would demand the roads they are going to drive on so they can set up the car for that specific occasion, to make it look better than it actually is.

 

While I don't like Ferrari as a company, their cars are badass... having driven a couple, I'd still buy one if I could afford it... there's just nothing else like it

[Victorious Secret]

While I don't like Ferrari as a company, their cars are badass... having driven a couple, I'd still buy one if I could afford it... there's just nothing else like it

Exactly. People can whine about Ferrari politics and them being assholes and them being "douchebags" but I've been fortunate to drive their modern line and the truth is I don't care.

Those cars are INCREDIBLE. If them being assholes means their cars are like that? Bring it on. They've earned the right to be snobs.

[xRAGExSounDxRIOTX]

While I don't like Ferrari as a company, their cars are badass... having driven a couple, I'd still buy one if I could afford it... there's just nothing else like it

I wouldn't own one, but I would absolutely love to drive an F12 or FF, with the way they look and the sound from the V12's. 458 I'm not a big fan of, but my Dad said it was one of the best experiences of his life. I can't even imagine the experience of a high revving V12, two-seat (in the case of the F12) car that is apparently terrifying to drive.  *coming from a person who can't legally drive yet*

[hal9001]

Not surprising. If I remember correctly Ferrari are prideful douchebags

I agree. I have heard that in order to own a Ferrari, you must already have a Ferarri. How does that even work?

[warmmilk]

I wouldn't own one, but I would absolutely love to drive an F12 or FF, with the way they look and the sound from the V12's. 458 I'm not a big fan of, but my Dad said it was one of the best experiences of his life. I can't even imagine the experience of a high revving V12, two-seat (in the case of the F12) car that is apparently terrifying to drive.  *coming from a person who can't legally drive yet*

 

so basically the only reason you wouldn't own one is cause they're snobs?  kinda like a reverse fanboi?

 

I agree. I have heard that in order to own a Ferrari, you must already have a Ferarri. How does that even work?

 

simple.  there are more willing buyers then there are new Ferrari's available for sale.  previous customers get first dibs.  basically you gotta buy a few used Ferrari's from your dealer before he puts you in line for a new one.  And lots of times, that new one is a model that hasn't even been revealed yet... just whatever the next one is.