For a career that started with designing luxury dog beds, Philipp Plein hasn’t done badly at all. Originally from Munich, the interior design industry first took an interest in Plein in 1998. In the two decades since then, he has enjoyed incredible success with his own brand and plenty of other projects. For Ferrari, this means nothing, and the two have been embroiled in an unlikely battle in recent weeks.
How did it all start? Well, Plein posted a picture of sparkling sneakers on top of a Ferrari model. Thought to cost around $350,000, the green Ferrari 812 Superfast matched the green sneakers (and we were green with envy!).
Cease-and-Desist Letter
Jump forward a few weeks, and it seems that Ferrari were far from pleased with not only this post but other images containing Ferrari models. In fact, they were so upset that the legal team of the car giants sent a letter to Plein. Rather than keeping it quiet, Plein shared the letter with the world on the very platform that has been causing the tensions.
With the caption ‘GOT A LOVE LETTER FROM THE LAWYERS OF FERRARI’, the note essentially points out that the images are inconsistent with the image that the Ferrari brand is trying to portray. In particular, the company was upset by the fact that their car was used as a prop (with the sneakers on top) and in posts with performers making sexual innuendos.
As a result, Ferrari asked Plein to remove all images containing their cars within 48 hours. Not only this, they said ‘Ferrari will bring this further unlawful, unfair, and harmful behavior to the attention of the Courts’.
On August 6th, the post regarding the letter had been written six days ago, and the two seem to be at a stalemate. Not only can images of the Ferraris still be found on Philipp Plein’s Instagram, he has also posted a video of the Ferrari logo and a clown with his thumbs down. In the long caption, Plein says that ‘I am still waiting for my official apology’.
Court Case Incoming?
In the coming weeks, this story will remain relevant for a number of reasons. Firstly, it will bring unwanted attention to both Ferrari and Plein. Secondly, there’s a more general interest because, if the courts were to favor on the side of Ferrari, it would change how influencers pose for images with any brand.
According to The Fashion Law, Ferrari may just have a case. Generally speaking, the trademarks of brands can be used in a decorative, descriptive, or non-source identifying manner. However, it cannot be used to deceive consumers. With the green sneakers lying on top of the green Ferrari, the Courts may decide that this is an attempt to deceive consumers into thinking the two brands are working together. Who will back down in this landmark case? Will Plein remove all images after advice from a legal team? Will Ferrari follow through with their threats of legal action? The outcome could be significant for Plein, Ferrari, and how we post on Instagram!
