Ferrari is threatening to sue Phillip Plein for using its name for promotional activity. (Image source: Instagram/Phillip Plein)In a series of Instagram posts, German fashion designer Philip Plein claims that Ferrari is threatening to sue him because he posted images of his sneakers on the hood of his own personal supercar. In the letter, Plein posted online, Ferrari has accused him of harnessing the image of their cars and brand name to bolster his own brand while disparaging theirs.
Plein had posted photos on Instagram featuring a pair of bikini-clad women alongside an acid-green Ferrari 812 Superfast. In other posts, Plein put his brand’s footwear on the hood of his Ferrari car.
Plein is known to use Instagram as a marketing tool for his brand, where he posts pictures and videos of his supercars, private jets, and his personal adventures. The letter says from Ferrari that Plein’s behaviour “tarnishes the reputation of Ferrari’s brands and causes Ferrari further material damage”.
The letter also accuses Plein of using Ferrari’s trademarks for the “promotional purposes” of increasing his own brand and products’ visibility. However, the Ferrari in question is owned by Plein and he says the shoes are also his personal items.
Ferrari lawyers gave Plein time of 48 hours to delete the images. The German designer called it blackmail and asked why he needs to delete pictures of his “personal Ferrari” from his “personal Instagram”. He retaliated and posted a slideshow of pictures send to him by his fans with Phillip Plein brand shoes on top of supercars.
He captioned the slideshow as, “Where do we all end up if brands will start to dictate us what to post on our personal Instagram accounts? Social media gives all of us the freedom of speech. This is not a fight against Ferrari; this is a fight for our right to post on our private social media accounts whatever we decide– as long as it does not cause any harm to anybody.”
But it looks like the Italian carmaker isn’t the only automotive he showcases in his Instagram posts. His Instagram posts often feature a sedan from Rolls-Royce and an SUV made by Lamborghini, neither of which has complained about the posts, attorney Carmine Rotondaro told Bloomberg.
As an independent legal adviser to Plein, Rotondaro termed Ferrari’s accusations as “totally baseless”. He said the designer never sought to promote his brand via any affiliation with Ferrari and that he has no intention of taking down the posts.
Meanwhile, The Fashion Law reports that Ferrari could potentially build a sound argument. “Just as in the US, the holder of a registered trademark in Italy has the right to prevent third parties from using identical or similar trademarks for identical or similar products or services.”
“Given the positioning of Plein’s footwear in the photo – ie., right next to the Ferrari logos, and with the coordinating colours in mind, consumers might be led to believe that the two brands are working in collaboration for Plein’s footwear collection or are otherwise affiliated in some way, which would give rise to merited claims of trademark infringement,” says the report. It’s unclear at the moment whether Ferrari is following through with its plans to file the lawsuit.
