In the colorful landscape of the 1980s, when neon colors adorned the streets and synth-pop music filled nightclubs, many remember one vehicle that became an iconic symbol of the era: the legendary Vespa. A mere glance from afar was enough to recognize a Vespa. Its groundbreaking design, the rounded belly falling beneath the driver’s seat, and the rear that cleverly concealed the back wheel, like an artistic object telling the story of the time, were all symbols of Vespa’s uncompromising identity, making it one of the most popular vehicles.
Its round lines, chrome finish, and vibrant paint jobs reflected the enthusiasm and optimism of the era. Whether it was the red Vespa speeding by or the black Vespa with heavy rock decorations, each scooter told a different story, reflecting the personality and spirit of its rider. In every corner of the city, you could feel the noisy exhaust of the Vespa, as if the engine was demonstrating its love for everyone singing the famous pop songs of the time.
And the sound, how can we forget that sound? As if small stones were clattering inside the exhaust like popcorn in the exhaust pipe, creating a unique sound recognizable from afar that was associated only with the Vespa.
Riding a Vespa became a symbol of self-discovery, spirit, and the experience of true freedom that spread to every corner of the popular culture of that era. Riding a Vespa meant breaking away from traditional norms, embracing the spirit of adventure, and exploring the world independently. Thanks to its unique design, the Vespa became a true cultural motor phenomenon. When the adventurous riders got married and started families, they attached a funny little container on wheels with a seat and a windshield, turning the Vespa into a hybrid motorcycle for two, one next to the other, which they called the Vespa with a sidecar.
In Israel, two main models were imported, PX150 and PX200, with the difference being in the engine size and declared power – 9 HP for the 150 version versus 12 HP for the 200 version, with a maximum speed of around 90-100 km/h.
Almost forty years later, the Vespa brand is still alive and kicking, mainly in Italy. In Israel, however, you can hardly find any Vespas on the roads except for collector’s items and museums.
Recently, there has been a massive wave of motor nostalgia, with scooter manufacturers trying to revive the old success wave of the Vespa by designing their scooters similar to the original Vespa design. Vespa did not like this and began taking legal action against the Chinese company manufacturing these scooters.
During the legal discussions, the question arose whether Piaggio, the rights owner of the Vespa brand, is entitled to exclusivity on its unique design despite it being an old model produced decades ago, thereby preventing Chinese competitors from marketing various Vespa look-alikes. Additionally, the question arose whether car manufacturers are entitled to exclusivity on their vehicle designs.
The legal battle that began in 2017 recently ended with a resounding victory for Piaggio, the owner of the Vespa brand. The Italian court ruled that the external design of the Vespa has “artistic value” that far outweighs the technical and functional nature of the design and is therefore protected by copyright. This ruling means that manufacturing scooters whose external design is similar to the original Vespa design in Italy constitutes copyright infringement and is therefore prohibited.
Alfa Romeo Giulietta Case
Interestingly, this ruling contradicts another ruling by the Italian court in the case of Alfa Romeo and Lancia given about three years ago. Alfa Romeo is known for its fast sports cars, but more than anything it is known for the unique designs of its vehicles, evoking feelings of speed, status, and success. One of the most beautiful Alfa Romeo models is the Alfa Romeo Giulietta, produced from the 1950s in various versions. Anyone who grew up in the 1980s surely remembers this car and the looks it drew as it scorched the road with its amazing engine sound.
Recently, an interesting legal question arose in the Italian court – is the beauty and unique history of a vehicle a justification to grant it copyright protection?
The story began when a company manufacturing toy car models started marketing the Alfa Romeo Giulietta model without receiving permission from Alfa Romeo. Alfa Romeo filed a lawsuit in court, requesting an injunction to prevent the toy company from marketing these models, claiming that the toy models infringe on Alfa Romeo’s copyright on its original design.
This claim was rejected by the Turin court, which refused to grant any copyright protection to the vehicle designs. The court ruled that an industrial design intended for mass production may be protected by copyright if it has some “artistic value” that can be inferred from cultural recognition, museum displays, design awards, design by a famous artist, and a price far above the market price.
The court reviewed these conditions and ruled that the Alfa Romeo Giulietta design did not meet them, as the Giulietta model’s design did not meet the requirement of “artistic value” and did not provide added value to the design beyond the functionality inherent in similar vehicles from the same category. Additionally, it was determined that the designers of the models (the lawsuit was also filed regarding Lancia models) were talented designers but were not “artists” by profession, and therefore their work is not considered “artistic creation.”
But if we are talking about art, why is the legendary Vespa entitled to copyright protection while the Alfa Romeo Giulietta model is not? In my opinion, the external design of the Alfa Giulietta, reflecting style, sport, and motor art that no longer exists, has much higher artistic value than the Vespa. It seems that in this unique field, the last word has yet to be said, and it is likely that car manufacturers will continue to fight for the exclusivity of their designs, even for old models that are no longer in production.
The author is a lawyer specializing in intellectual property and brand protection.
The Hebrew version of this article was published in the Israeli car magazine Queen of the Road
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