Borile 450 Scrambler Taken Down by Court Decision after Ducati Sues

Ducati (in fact Ducati’s lawyers) and Borile haven’t found any terms of agreement in the “450 Scrambler” fight. It is with surprise that we only now find out about the silent war between the two makers, but it looks like things were very serious. Basically, the two had their differenced sorted out in the court of law, and the result of this action was ruled against Borile.
Borile 450 Scrambler 10 photos
Photo: Borile
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What lies behind the barren language of the court ruling is a matter with multiple ramifications, and we will refrain to take sides. On one hand, both Borile and Ducati seem to agree that the parts and support Borgo Panigale provided were part of an official action. Borile was supposed to “revisit” the ‘70s Scrambler design, but Ducati now says that the small house abused this position.

Ducati says the Borile Scrambler is “strongly derogatory”

Borgo Panigale says that Borile was only allowed to explore the commercial and market potential of a Scrambler, as part of the deal between the two manufacturers, but that the latter went over the limits. Even more, Ducati claims that the Borile 450 Scrambler is “strongly derogatory” against Borgo Panigale’s project.

Borile denies any premeditated intention to offed Ducati and honestly, we kind of believe them. What’s the point in trying to make fun of your engine supplier, anyway? Especially as we know that Ducati and Borile’s collaboration has been a successful one for years, it’s hard to believe that the latter would have any plans to make Borgo Panigale look bad…

What we could understand form all the court gibberish, it’s basically Ducati complaining that Borile’s Scrambler is a piece of dung and it puts the real Scrambler in a very bad light. Do correct us if we’re wrong…

Borile wanted to talk to the top-brass but only got to the lawyers

According to a Borile press release regarding the Scrambler issue, they tried their best to reach both Ducati’s CEO Claudio Domenicali and Audi’s counterpart Rupert Stadler, but to no avail. We can only reproduce the two questions Borile demands answers to from Ducati, plus another one involving Audi, the owner of Ducati.

“1) Ducati declared (Press Conference Eicma 2.11.2014) that the Scrambler project was born in 2009. A project that has been presented as “strategic” for the company based in Borgo Panigale and, we can imagine, demanding in terms of investments. How can be explained that in 2011 Ducati decided to allow the usage of the brand “Scrambler” and the supply of engine’s components to Borile for the realization of a “revisitation of the Ducati Scrambler model”?

2) Why from 2009 to 2013 Ducati do not announce, communicate, present (there isn’t any documentation, news leak or more about that) the Ducati Scrambler project to the public and to the press?

To those question of common sense, licit, non-disrespectful or offensive, we add one “personal” question:

3) Although Borile is a small business reality, maybe not interesting for big groups such as Audi and Ducati, why in 2013 when Borile presented his Scrambler to Ducati’s top brass wasn’t informed (after the constraints made that let Borile make important investments) about the next announcement and coming out of the Scrambler by Ducati?”

The court ruled that Borile pays €9,495 ($11,585) in court fees and €5,000 ($6,100) for each violation of the deal, a number which so far remains unknown. You can read the court ruling after the jump. It’s in Italian, of course, but we felt like we just had to attach it anyway. As for what will happen to the Borile 450 Scrambler, we’ll surely find out soon enough and let you know in time.
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 Download: Court Order against Borile (PDF)


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