HOW FERRARI’S MOST FAMOUS CAR BECAME AN ACTUAL WORK OF ART

The Ferrari 250 GTO?

While the carmaker’s most famous (and most expensive) vehicle may not have been carved out of Parian marble, painted onto the ceiling of the Vatican’s most famous chapel, or hung in the Louvre Museum under the watchful eye of security guards, the Ferrari 250 GTO certainly does have a distinctive design and a storied history. And now? It’s been legally declared a work of art.

A (BRIEF) HISTORY LESSON: ABOUT THE FERRARI 250 GTO

The release of the 1962 250 GTO was the culmination of a quest by Ferrari for a racing car that was also built to be road-ready. The GTO, which stands for Gran Turismo Omologato or Grand Touring Homologated in English shared the body of a 250 Testa Rossa and had a 3-liter V12 engine that was capable of 300 horsepower. When originally sold, the car went for $18,000 in 1962, or about $150,000 today — and only 39 cars were originally built. To ensure the exclusivity of this sleek, sophisticated car, each owner not only had to be able to put down a pretty penny, but they also had to be personally approved by Enzo Ferrari himself.

When the car first appeared on the scene, it had no name. Ferrari staffers affectionately called it “Il Mostro,” meaning “the monster” because of its strange look. Technicians rolled the new Ferrari prototype onto the Monza racetrack. Veiled in secrecy and with empty grandstands, the vehicle still had no paint and had intakes that made it look like it was gasping for air, with a tightly pulled “mouth” and a trio of “nostrils.” The car was mostly developed, oddly enough, from existing components from other models. The chassis came from the 250 GT SWB, and the engine was moved lower and closer to the center of the car. The motor came from the Ferrari 250 Testa Rossa, which had just won the famed Le Mans and earned Ferrari a reputation for winning. The 12 cylinders were only the diameter of silver dollars, and they revved at such a high RPM that the motor became known as much for its sound as for its performance. The racing press didn’t love it. One reporter even dubbed the car “the anteater,” thanks to its strange nose. But no one could deny the speed, power, and sound of the car. And eventually, car enthusiasts came to adore the sporty, rounded look.

Today the Ferrari 250 GTO is the most sought-after car in history. Here’s proof:

The most money paid for any car was in 2018 when a 1963 Ferrari 250 GTO sold for more than $70 million.
The most money paid for a car at auction was for a 1962 Ferrari 250 GTO, which soared to $48.4 million.

As Road and Track shared, “Not every music fan can agree that “Stairway to Heaven” is history’s greatest rock song, nor will all sports fans agree that Muhammad Ali is history’s greatest athlete. But in the car world, the GTO has become the Greatest of All Time. The GOAT. And this fact is quantifiable, far and away, in dollars and cents.”

IMITATION ISN’T ALWAYS FLATTERY

The Ferrari 250 GTO was so admired and coveted that it was impossible for car enthusiasts or other carmakers to ignore. It’s not uncommon for enterprising kit makers to offer replicas of beloved desirable cars, which is exactly what happened with Ferrari’s favorite car.

In September 2018, Ares, a Modena-based coachbuilder, announced that they would be making and selling a modern replica of the Ferrari 250 GTO. In an article published by luxury lifestyle magazine RobbReport.com, Ares not only announced their plans but also included detailed drawings for their sports car, which was a very close reproduction of the 250 GTO.

In cases like these where carmakers attempt to recreate lightning in a bottle, even if someone succeeds at designing a decent replica of a car’s body, there’s just no way for them to replicate the powerful engine of a Ferrari.

Understandably, the Ferrari team was upset by this announcement. Represented by the Italian law firm Orshingher Ortu, the luxury automaker took action to stop the advertising, reproduction, and potential commercialization of the Ares remake, and in October 2018, Ferrari filed an application for an interim injunction, calling the remake unfair competition, making accusations of copyright and trademark infringements.

THE TRIAL

In their lawsuit, Ferrari claimed that Ares had violated several legal principles, including:

Undue exploitation of the appeal and reputation of a third party
Violation of trademark regulation, giving a trademark’s proprietor exclusive rights to promote products that are identical or similar to those connected to a registered trademark
Violation of Italian copyright law, which includes exclusive rights to reproduce, modify, elaborate, and communicate to the public any public work

Despite their strong argument, the first Court rejected Ferrari’s claims, stating that Ares’ model had several different elements and was not infringing on the copy of Ferrari’s 250 GTO. In the following appeal, the Tribunal of Bologna granted interim measures to stop Ares from reproducing the vehicle, stop sharing their drawings, and cease the production, commercialization, promotion, and advertising of the reproduction in question. They couldn’t even refer to Ferrari in any way and had to bear all relevant legal costs.

But this was only a temporary fix. Ferrari needed a permanent solution.

AN OFFICIAL WORK OF ART

In the end, Ferrari submitted a petition to recognize the 250 GTO and its design and intellectual property rights as a piece of art.

What does this mean for aspiring replicas and kit carmakers?

Any reproductions would be considered pieces of piracy.

A Bologna Commercial Tribunal deemed the car “a work of art that is entirely original and must not be imitated or reproduced.”

According to the ruling, “The customization of the car's lines and its aesthetic elements have made the 250 GTO unique, a true automobile icon," saying that the "production, commercialization, and promotion" of the GTO must be solely carried out by the official Ferrari production team in Maranello.

As one Ferrari representative shared with the press, “It's the first time in Italy that a car has been recognized as a work of art. It's not just its beauty that makes it special — it also has a long racing history."

For car enthusiasts passionate about the iconic lines and unstoppable engine of the Ferrari 250 GTO, this means that catching a glimpse of the world’s most infamous racer is that much rarer; it’s a special experience. One of the best ways to do so is to see the Ferrari 250 GTO in its natural setting in Maranello, Italy. For factory tours, racetrack adventures, museum tours, stops at the most sumptuous restaurants, and a breathlessly complete, luxurious experience of the Italian countryside — all through the lens of fellow car enthusiasts — Motorsport Labs is your go-to guide to take in not only this work of art but also works of art made by Pagani, Lamborghini, Ducati, and more. Our next travel tour to Italy September 1-8, 2022 for our Cradle of Supercars Adventure, which was promoted and featured in Sports Illustrated by the Italian Tourism Board. On our tour, you'll drive a Ferrari or Lamborghini, visit super car factories and museums like Ferrari, Lamborghini, Pagani, Ducati and, Imola racetrack, tour historic towns, and participate in Italian cooking and culinary experiences. We also have a day to Florence, Italy included, if you need to take a break from all the speed, brake dust and screeching tires! Save $800 when you travel with a friend!

Ray ChangDecember 16, 2021