Pirelli's last-minute F1 trophy swap highlights importance of design due diligence

Formula 1 World Championship’s title sponsor Pirelli had to change the trophy design for the recent US race at the last minute due to a potential copyright infringement. The one-off special design of the trophies, called Heroo, was designed by an Italian artist and features a human-like figure with its arms raised and a chromed helmet head in gold for first finisher, silver for second and titanium for third. However, Pirelli was made aware of potential similarities between the trophies and other products the night before the race, according to Motorsport.

Motorsport reported that the design of the Heroo trophies was similar to that of Bearbrick, a popular brand of collectible art toys designed and produced by the Japanese company MediCom Toy.

Pirelli's decision to withdraw the trophies was made in collaboration with the race promoters and the race’s governing body the Fédération Internationale de l'Automobile (FIA), according to a spokesperson from Pirelli. The Heroo trophies had been showcased as part of the brand’s promotional efforts in the lead-up to the event.

Podium finishers, including race winner Charles Leclerc, were awarded more conventional trophies, Motorsport said. Leclerc received a traditional silver trophy, while the runner-up Ferrari’s Carlos Sainz and third-place finisher Red Bull’s Max Verstappen were handed Pirelli wind tunnel tyres engraved with their finishing positions and the American flag.

Pirelli had planned to release a limited-edition collector’s items around the Heroo trophy design, but this plan is now uncertain due to the copyright issue, Motorsport said. The Heroo news release has also been removed from Pirelli’s website.

Karen Gallagher, intellectual property expert at Pinsent Masons, said: “In the lead up to the race, Pirelli had created significant hype around the design and concept of its Heroo trophy, and had spoken about its plans to release miniature versions of the trophy as collectables for sale to fans following the race. Although details of the complaint made by Medicom have not been publicised, it is likely that Pirelli’s intention to further commercialise the design - essentially as a collectable art toy- added to Medicom’s concerns.”

“This incident highlights the importance of carrying out IP due diligence, including appropriate clearing searches prior to the launch of a new design or product, whatever the industry concerned,” she said.