When is a Kit Counterfeit?

Italian Police have confiscated 21 replica Ferraris under counterfeiting laws read more Here

Brings up the question when is a kit too good that it becomes a counterfiet?

Let Us Know what you think  

Well, I have pondered the same question.  On one hand, even the best replica falls far short of what I would call a counterfeit.  I also would think that if a replica is purported to be the real thing and sold as such, that is counterfeiting.  To bolt some plastic that is similarly shaped as a Ferrari onto a Fiero or Camaro, can hardly be called a crime.  

Ferrari aggresivly seeks out imposters over the years.no suprise they found somebody else...WB3  

But I wonder just how much would actually stand up in a court?  Sure, Joe Replicar don't have the bucks to fight them, but somewhere there is a legal difference between a counterfeit and a "look similar" car.
I have also wondered, if I make a dead on replica of a Ferrari for my own enjoyment, is THAT counterfeiting?  Sticking on some insignia to an otherwise Detroit car, is THAT counterfeiting?  Are my two Mercedes in danger?  

You know that is funny to.The big three have been copying styling trends from eachother for years.Look at the great looking fer. on the front page it isnt just those guys doing it.Those guys overseas are in Ferrari's back yard doing it.I dont know why they dont just call it something else like a Derrari,sounds Italian to me!!WB3  

Yeah, I'm not sure where they draw the line, I mean some of the Cobra's made these days are almost identical to the ones made 40 years ago.  

It would be good to have the input from a patent and copyright attorney. My thought on it is that the name and the logos can be copyrighted but not the shape of the car. I remember once Harley Davidson (notorious for enforcement of their copyrights) tried and failed to copyright "that Harley Davidson sound". Most manufacturer steer clear by changing the name for instance Lone Star sells a 300LS as a replica Mercedes 300SL. They also leave the logos off. I doubt that they can stop you from customizing your own kit car by putting logos on them. I think the laws only pertain to the manufacturer. Also, Italy may have some laws in Italy that are not enforceable internationally. North Korea for one is a country that does not recognize international copyright laws but pretty much every other country does.  

Although have you guys seen some of these chinese manufactured cars that are almost complete knockoffs of real cars like Minis and Mercedes, even the original Hummer. I know some of the manufactures, are taking legal action.