The couple have posted a rebuffal on the Internet - addressed directly to Mr Dan Pink and making specific references to his statements with cross references to court documents.
All that aside what sense does it make for JLR to go after a minute operation that hasn't made a single commercial replica while at the same time ignoring long-established replica makers in the UK ?
Here is the letter.
Open letter to Mr. Dan Pink, Director Jaguar Land Rover Classic.
In response to your letter to the Jaguar community 11 February 2021.
Dear Mr Pink,
It is sad to have to conclude that your letter is full of false statements.
In this case you have in fact gone after two private citizens and life-long Jaguar enthusiasts, Karl and Ann-Christine Magnusson. And at no point were they offered the “opportunity to retain their completed replica for private use and enjoyment” as you put it in your statement. To the contrary, JLR have throughout the process insisted on the destruction of Magnusson’s privately built C-Type replica, despite many attempts from the Magnussons to reach a reasonable settlement. We are attaching extracts from JLR’s initial lawsuit in 2018 and from JLR’s September 2020 settlement proposal clearly showing JLR demanding destruction. These facts stand in direct conflict with your public statement to the community.
With respect to the company Creare’s ambitions to build two replicas, you describe this as “using our Intellectual Property illegally for their own profit”, and that you will “take action to stop businesses” from doing this. This begs the question how it was possible for Karl Magnusson to be in correspondence with senior managers at JLR for many months discussing potential business collaborations, even being invited to JLR Classic HQ, receiving nothing but appreciation and encouragement. Attaching court document annexes 7, 25, 29, 30, 32, 35, 36, 37, 40 and 41 showing this. Here again, the facts of this case stand in direct conflict with your public statement to the community.
If JLR truly stands by the statements made in your open letter, how is it possible that we find ourselves in this situation? The company plans were dropped when JLR suddenly decided to object to them. All we are left with is a pensioner couple and their one and only C-Type replica. Who JLR decided to take to court.
Together with the Jaguar enthusiast community, we can only establish that your attitude towards replicas have shifted, conveniently lining up with the launch of your own continuation program. Actions speak louder than words, and based on your actions in this case we doubt that other owners
of Jaguar replicas feel reassured that Jaguar Land Rover will not come after them, demanding destruction.
Best Regards,
The Magnussons
---
Link to extracts showing JLR demanding destruction of Magnussons replica
Link to court annex 7 and annexes 25, 29, 30, 32, 35, 36, 37, 40 and 41 showing correspondence between Karl Magnusson and JLR senior managers discussing potential business collaborations.
And here's an interesting opinion from the founder of Proteus, Jim Marland.
I started making and selling C type replicas 40 years ago with the full knowledge of Jaguar. The picture used on some announcements of this action shows Lofty England with one of my cars. He and William Heynes were joint managing directors of Jaguar when William Lyons retired. I also have pictures of William Heynes admiring one of my cars. I attended Jaguar Drivers club events and classic car shows with them. Norman Dewis was a regular presence at these events, acting as brand ambassador after retiring as chief test driver. I advertised in the the Jaguar Drivers Club, and Jaguar Enthusiast Club magazines throughout this time.
Many other well known manufacturers have been doing the same for many years. My point is that it is inconceivable that Jaguar have been completely unaware of the existence of the replica market for so long. I am no lawyer but I would have that continued lack of action in full knowledge of the alleged breach, amounts to tacit approval, so their action should have been kicked out.
If the there is to be an appeal lets hope they get some better lawyers. Is it pure coincidence that this has come about just as Jaguar are launching there own replicas? I think not, and at a million pounds a pop for a car that would be illegal to use on the road they are hardly going to be competing with road legal replicas costing a tenth the price.
