On February 7, 2025, the European Union’s Court of Justice (ECJ) upheld Ferrari’s trademark rights to the iconic Testarossa model, countering earlier rulings by the EU Intellectual Property Office (EUIPO). This landmark decision is significant for legacy brands, establishing that trademarks can remain valid when associated with historic and collectible items, provided the brand maintains an active presence in the market. The ECJ’s General Court specifically restored protection for the Testarossa trademark concerning cars, parts, accessories, and scale models, reversing a 2023 EUIPO move that sought to revoke those rights on the grounds of inactivity within the EU. The court ruled that Ferrari’s ongoing efforts to maintain its brand presence constituted “genuine use” of the trademark.
The Testarossa was introduced in 1984 and quickly became one of Ferrari’s most famous 12-cylinder models, with over 7,000 units produced before its discontinuation in 1996. Its design features, including the notable wide rear haunches and the distinctive side strakes—dubbed “cheese graters”—made it a quintessential symbol of the 1980s automotive scene. Its cultural impact was amplified by its prominent role in the television series Miami Vice, where a white Testarossa was famously used by the character Sonny Crockett. This visibility contributed significantly to the model’s lasting legacy and cultural significance.
Despite the fact that no new Testarossas have been produced for decades, Ferrari has continued to actively support the model by facilitating the resale and authentication of second-hand vehicles through its authorized dealer network. The court determined that this ongoing activity was sufficient to classify as genuine use of the trademark, affirming Ferrari’s rights to the name even without current production. The legal interpretation emphasized that the brand’s engagement with its historical products was necessary for trademark validity, thus setting a precedent for similar cases involving legacy products in the future.
Further, the court ruled in favor of Ferrari concerning the use of its trademark by dealers and distributors, stating that it constituted authorized use even in the absence of explicit consent. This ruling applies beyond the cars themselves to include associated parts and accessories, further solidifying Ferrari’s claims to the Testarossa brand. Such judicial support for the broader application of trademark rights highlights the increasingly complex nature of intellectual property in the automotive sector and reflects how traditional models can adapt to changing market conditions.
Another critical aspect of the ruling involved scale model versions of the Testarossa, which are marketed as Ferrari-licensed products. The court concluded that these miniature models also represent authorized use of the trademark, reinforcing Ferrari’s brand identity and upholding its commercial origin. By acknowledging the significance of these products in the brand’s overall strategy, the ECJ underlined the multifaceted nature of trademark use in modern commerce and the importance of legacy branding strategies.
This ruling not only benefits Ferrari but also serves as a crucial precedent for other automotive brands and legacy manufacturers facing similar trademark challenges. It illustrates the ongoing relevance of historical brands in contemporary markets and the potential for trademarks to evolve beyond immediate production cycles. By affirming the validity of Ferrari’s Testarossa trademark, the ECJ has empowered brands to maintain their heritage and authenticity while engaging with a dynamic and competitive landscape. This case marks a significant milestone in the interface between intellectual property law and brand longevity, offering hope to companies seeking to preserve their legacies amidst evolving market demands.
