Yes, but there are a LOT of fools out there who would think kit's are real thing.Inferior parts maybe but only a fool would not be able to tell the difference between a real Lamborghini and a kit.
It's pretty easy to build up a 400-500 horsepower engine these days..supercharged V-8, TT V-6, etc. They can put just as much or more power than a real Lambo V12.if anyone thinks it's a kit car, gun the engine while you're next to them - that will end the misconception
You're right, Lamborghini/Ferrari probably know this...they're prolly just trying to spook the kitcar manufacturer's a little. Besides, the law may be different in European countries..that letter may have been directed towards a European kitcar manufacturer, or an American manufacturer who wants to release their kit in Europe. Even "similar" design may be against the rules in other countries.The law doesn't protect similar designs or even those that are very close