Ford Fan Sites Attacked By Ford

There is nothing new or surprising about this as the law firms representing Ford and all other companies out there file these suits all the time. Here are a couple examples of how silly some of the suits are.



Publication: Automotive News
Date: Monday, August 14 2000





DETROIT - The U.S. District Court in Detroit last week dismissed a trademark infringement lawsuit brought by Ford Motor Co. against Internet startup Model E Corp. of Fremont, Calif.
The court ruled Ford failed to allege a proper basis for bringing the suit against Model E in Michigan. The suit argued Model E's name too closely resembled Ford's past vehicle names.
Model E offers vehicles over the Internet to subscribers who pay a monthly fee.


Ford: Car owners are pirates if they distribute pictures of their own cars

Posted by Cory Doctorow, January 13, 2008 10:11 PM | permalink


Josh sez, "The folks at BMC (Black Mustang Club) automotive forum wanted to put together a calendar featuring members' cars, and print it through CafePress. Photos were submitted, the layout was set, and... CafePress notifies the site admin that pictures of Ford cars cannot be printed. Not just Ford logos, not just Mustang logos, the car -as a whole- is a Ford trademark and its image can't be reproduced without permission. So even though Ford has a lineup of enthusiasts who want to show off their Ford cars, the company is bent on alienating them. 'Them' being some of the most loyal owners and future buyers that they have. Or rather, that they had, because many have decided that they will not be doing business with Ford again if this matter isn't resolved."

I got some more info from the folks at cafepress and according to them, a law firm representing Ford contacted them saying that our calendar pics (and our club's event logos - anything with one of our cars in it) infringes on Ford's trademarks which include the use of images of THEIR vehicles. Also, Ford claims that all the images, logos and designs OUR graphics team made for the BMC events using Danni are theirs as well. Funny, I thought Danni's title had my name on it ... and I thought you guys owned your cars ... and, well ... I'm not even going to get into how wrong and unfair I feel this whole thing is as I'd be typing for hours, but I wholeheartedly echo everything you guys have been saying all afternoon. I'm not letting this go un-addressed and I'll keep you guys posted as I get to work on this. I'm sorry, but at this point we will not be producing the 2008 BMC Calendar, featuring our 2007 Members of the Month, solely due to Ford Motor Company's claim that THEY own all rights to the photos YOU take of YOUR car. I hope to resolve this soon, and be able to provide the calendar and other BMC merchandise that you guys want and deserve!

Just to keep the record straight here is an updated position from Ford concerning my last post.

<LI class="comment even thread-even depth-1 alt" id=comment-4624> Whitney Drake Says:
January 15, 2008 at 4:27 pm My name is Whitney Drake and I work in Ford Communications.
We’ve been watching this discussion with interest and I’d like to clarify what is essentially a misunderstanding.
Yesterday we spoke to both Cafe Press and the Black Mustang Club and explained the situation (about the Black Mustang Club’s calendar) to everyone’s satisfaction. Ford has no problem with Mustang or other car owners taking pictures of their vehicles for use in club materials like calendars. What we do have an issue with are individuals using Ford’s logo and other trademarks for products they intend to sell. Understandably, we have to take the protection of our brands and licensing very seriously.
Ford did not send the Black Mustang Club a “cease and desist” letter telling them that they could not use images of their own cars in their calendar. The decision not to allow the calendars to be printed was made by Cafe Press, because we had gotten in touch with them in the past about trademark infringements on products they sold.
The Black Mustang Club, and any other Ford enthusiast club, are free to take pictures of their own vehicles for use in calendars or other materials as long as they don’t use Ford trademarks in products that will be sold.
I think it is great that the Black Mustang Club, and any other enthusiast club, would take pictures of their own vehicles for use in calendars or other materials.
I’m looking forward to purchasing a copy to hang in the garage next to my Mustang (even if mine isn’t black).
Thanks for giving us the chance to have our say.

Hay Admin
?? how come Fordmuscle has not be attacked yet?? or has it?? and because of your PR people at FORD your not being attacked and asked to remove your name???
Tim

While Cal's example is stretching the bounds, something like FORDMUSCLE is a trademark infringement. That's not to say it shouldn't exist, but by law it must pay Ford to use their trademark if Ford chooses to defend its trademark. That said, merely sending a cease and desist letter to a violator is demonstrating willingness to defend a trademark, and it can be used in future more flagrant violations to prove that you defend your trademark in all cases. It may sound semantic, but that is how the system works. If a company doesn't demonstrate a willingness to defend its trademark, it can be demonstrated that the TM has been watered down, and thus used against the company in future lawsuits. To prevent this they engage in idle threats.

Originally Posted by PaceFever79

While Cal's example is stretching the bounds, something like FORDMUSCLE is a trademark infringement. That's not to say it shouldn't exist, but by law it must pay Ford to use their trademark if Ford chooses to defend its trademark. That said, merely sending a cease and desist letter to a violator is demonstrating willingness to defend a trademark, and it can be used in future more flagrant violations to prove that you defend your trademark in all cases. It may sound semantic, but that is how the system works. If a company doesn't demonstrate a willingness to defend its trademark, it can be demonstrated that the TM has been watered down, and thus used against the company in future lawsuits. To prevent this they engage in idle threats.

Pace, Did you catch what the Ford rep said in my last post? She said Ford doesn't want their logo used to make a profit, but then says she's looking forward to purchasing a copy.LOL

Originally Posted by Calspec

Pace, Did you catch what the Ford rep said in my last post? She said Ford doesn't want their logo used to make a profit, but then says she's looking forward to purchasing a copy.LOL

Most people who work for ford, are enthusiasts too!

This is just sad, i don't understand what ford has to gain from taking over an enthusiasts websites name. The Ranger Station has been around for about 10 years, now all of the sudden, it's illegal. If the ranger station was selling ford ranger parts, i could see how this may be a problem. But they are not a parts store, they are an enthusiasts website dedicated to those that enjoy the ranger pickup truck.

I really dont' think ford's claim that this site is violating a trademark would hold water in a court of law, since they aren't making money. Ford does know that the owner doesn't have the money to fight in court over his website name, so they instead are bullying him. I firmly believe if he stands his ground, and ford tries to run this through the legal system, ford would loose.

I hope that all ford enthusiast's try to send letters to the ford motor company and let them know that this is wrong and that these greedy lawyers should stop this bullying, and try to work on keeping ford profitable instead.

hotwheels of insanemutangs.com

My letter
"To whom it may concern:

I am writing concerning your recent legal attacks on various "fan" websites for vehicles such as the Mustang and Ranger. I am insulted by this careless misuse of our legal system and am reconsidering any further vehicle purchases from your company until you cease and desist from any further legal action concerning this subject. I have been a Ford owner for many years and I had hoped to stay that way.
I went out of my way to look for and install a Ford Motor and running gear to put in my performance truck. I wanted to be different and not have what everybody else is having. Where everybody else is defiling all the older classic Ford car/trucks with GM motors and running gears. I chose to run Ford and believe me I have to pay more for my Ford parts and fabricate more stuff than the GM using people pay and have to fabricate for there’s. These attacks are morally wrong since they are geared towards your customers, and do not instill the least bit of confidence in your brand. For the sake of your business, I ask you to please reconsider immediately.

Thank you."

Originally Posted by hotwheels

This is just sad, i don't understand what ford has to gain from taking over an enthusiasts websites name. The Ranger Station has been around for about 10 years, now all of the sudden, it's illegal. If the ranger station was selling ford ranger parts, i could see how this may be a problem. But they are not a parts store, they are an enthusiasts website dedicated to those that enjoy the ranger pickup truck.

I really dont' think ford's claim that this site is violating a trademark would hold water in a court of law, since they aren't making money. Ford does know that the owner doesn't have the money to fight in court over his website name, so they instead are bullying him. I firmly believe if he stands his ground, and ford tries to run this through the legal system, ford would loose.

I hope that all ford enthusiast's try to send letters to the ford motor company and let them know that this is wrong and that these greedy lawyers should stop this bullying, and try to work on keeping ford profitable instead.

hotwheels of insanemutangs.com

While this might make common sense, in the real world of capitalism, one's brands or trademarks are extremely valuable. Especially in these times when Ford is being threatened with potential extinction, it could be vital that they defend their brands and trademarks in order to prevent the value from being watered down. I think this outrage is misplaced.

Originally Posted by PaceFever79

While Cal's example is stretching the bounds, something like FORDMUSCLE is a trademark infringement. That's not to say it shouldn't exist, but by law it must pay Ford to use their trademark if Ford chooses to defend its trademark. That said, merely sending a cease and desist letter to a violator is demonstrating willingness to defend a trademark, and it can be used in future more flagrant violations to prove that you defend your trademark in all cases. It may sound semantic, but that is how the system works. If a company doesn't demonstrate a willingness to defend its trademark, it can be demonstrated that the TM has been watered down, and thus used against the company in future lawsuits. To prevent this they engage in idle threats.

Wasn't the logo for FM changed at some point? I wouldn't remember why cause i'm suffering sometimers but thinking it was but not for what reason. Might not of had to do with anything ford logo related. Then again maybe I need to go smoke another one. lol