Gauss:
Ok, I might be in a minority, but doesn't Ferrari have a point ?
He's using the Ferrari brand to promote his own products (implying that there's a link between owning his shoes and owning a Ferrari = success)...that can't be right. Yes, he's using a private account and not his company's, but a lot of his customers are following him on his social accounts. Ferrari won't succeed in a lawsuit, I assume, but I have to agree with Ferrari on this.
Now, if it were a simple snapshot that he shared among his friends in a bar or restaurant for the purpose of bragging, or what not, then it would be ok I guess, but on social media, where hundreds of thousands can see it as free advertising at the expense of Ferrari, I'm not sure.
One is in that same minority. Ferrari has a fiduciary responsibility to its shareholders to protect its trademarks and other forms of intellectual property from which it derives significant financial value. As someone pointed out above, Ferrari has a marketing agreement with Puma with Puma being the official licensee of certain assets of Ferrari's intellectual property including its name and marque badge for articles of clothing and footwear. That is an exclusive agreement between Ferrari and Puma.
While Mr. Plein may have posted on his private instagram account, this form of social media is an extension of his brand; therefore, that posting is an advertisement for Plein's brand. Ferrari's attorneys can readily make an alter ego statement regarding the use of Plein's alleged private social media accounts.
Jalopnik.com recently had an article on Porsche's efforts to fight counterfeiters of its products. This is similar to what Ferrari is doing with its cease-and-desist letter to Plein. Counterfeiting an article of clothing has minimal downside risk to the consumer beyond disappointment in the quality of the product. Counterfeiting components of a car can lead to a greater risk of bodily injury or death. Counterfeiting is a major issue with commercial aircraft parts. No one would want to fly on an airplane that has mission critical components that fail that manufacturer's specifications.