Notices
General Automotive Discuss all things automotive here other than the RX-8

Wanna sell a pic of your Ford? Freichen Ford.

Thread Tools
 
Search this Thread
 
Rate Thread
 
Old 01-14-2008, 10:33 AM
  #1  
Baned
Thread Starter
 
rglbegl's Avatar
 
Join Date: Sep 2006
Location: By a lake
Posts: 1,532
Likes: 0
Received 1 Like on 1 Post
Wanna sell a pic of your Ford? Freichen Ford.

This is hilarious .. .

Some mustang guys made a calender, and Ford starts a lawsuit.

http://www.bmcforums.com/showthread.php?t=42402


Cliffs notes ;

Mustang guys take pics of their cars, and hire a company to make the calender. Ford tries to start a lawsuit against the calender making company.
So you can own a ford, but you can not use its image for profit.





Link is working again

Last edited by rglbegl; 01-14-2008 at 12:03 PM.
Old 01-14-2008, 11:54 AM
  #2  
Administrator
iTrader: (7)
 
Jedi54's Avatar
 
Join Date: Mar 2004
Location: The Dark Side
Posts: 22,394
Received 2,630 Likes on 1,880 Posts
this is SUCH bullshit!! SO, by Ford's logic every time a Ford product is featured in magazines such as Motor Trend, Edmunds, or Modified they are infringing on Ford copyrights??!!

I REALLY hope there's a good attorney on that forum whose looking to get famous by actually fighting back. Heck, I'd even donate a few bucks to see it happen.
Old 01-14-2008, 12:03 PM
  #3  
Registered
 
SideOfBacon's Avatar
 
Join Date: Feb 2007
Location: Under The Bridge
Posts: 1,420
Likes: 0
Received 0 Likes on 0 Posts
perhaps with such shitty 4th quarter sales, they try to pick up money wherever they see ANY possibility.
Old 01-14-2008, 01:10 PM
  #4  
Future Rotary User
 
lone_wolf025's Avatar
 
Join Date: Oct 2006
Location: Chicago, IL
Posts: 567
Likes: 0
Received 0 Likes on 0 Posts
On one of the pages a professional photographer chimed in. Short of it was that according to US law if you take a photo of something you then own copyrights to the photo. I'm thinking Ford really doesn't have a leg to stand on. Heck they even went to the extent of flagging some guy's SRT8 Charger photos, so what does that tell you?
Old 01-14-2008, 01:13 PM
  #5  
Administrator
iTrader: (7)
 
Jedi54's Avatar
 
Join Date: Mar 2004
Location: The Dark Side
Posts: 22,394
Received 2,630 Likes on 1,880 Posts
yeah, Ford is just hoping to scare these guys with their big attorneys. This wouldn't last an hour in a courtroom but Ford is hoping these guys don't have the $$$ to find that out.
Old 01-14-2008, 02:08 PM
  #6  
tjb
 
tjbourgoyne's Avatar
 
Join Date: Mar 2006
Location: Louisiana
Posts: 877
Likes: 0
Received 2 Likes on 1 Post
Reason: Better chance of making money on frivolous lawsuits than actual car sales.
Old 01-14-2008, 02:24 PM
  #7  
Administrator
iTrader: (7)
 
Jedi54's Avatar
 
Join Date: Mar 2004
Location: The Dark Side
Posts: 22,394
Received 2,630 Likes on 1,880 Posts
Originally Posted by tjbourgoyne
Reason: Better chance of making money on frivolous lawsuits than actual car sales.
That's the funniest part...there' NO money to be made in that lawsuit!
1) no legal leg to stand on
2) What are the odds that these owners are wealthy enough to have significant assets?
Old 01-14-2008, 03:03 PM
  #8  
幹他媽!
 
Detrich's Avatar
 
Join Date: Mar 2005
Location: San Gabriel Valley, CA
Posts: 2,078
Received 3 Likes on 3 Posts
there is little difference between ford and the 3rd reich...
Old 01-14-2008, 03:15 PM
  #9  
Registered
 
SideOfBacon's Avatar
 
Join Date: Feb 2007
Location: Under The Bridge
Posts: 1,420
Likes: 0
Received 0 Likes on 0 Posts
one has Alan Mullaly(sp?) for CEO, the other has Bill Gates?
Old 01-14-2008, 03:23 PM
  #10  
Registered
iTrader: (4)
 
alnielsen's Avatar
 
Join Date: Aug 2004
Location: Buddhist Monastery, High Himalaya Mtns. of Tibet
Posts: 12,255
Received 6 Likes on 6 Posts
Don't take a picture of me. I hold the copywrite.

Here is a link to the story: http://www.adrants.com/2008/01/ford-...ts-returns.php

Last edited by alnielsen; 01-14-2008 at 03:25 PM.
Old 01-14-2008, 03:29 PM
  #11  
Registered
 
SideOfBacon's Avatar
 
Join Date: Feb 2007
Location: Under The Bridge
Posts: 1,420
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by alnielsen
Don't take a picture of me. I hold the copywrite.

Here is a link to the story: http://www.adrants.com/2008/01/ford-...ts-returns.php
but do you hold the copyright too? :whistling:
Old 01-14-2008, 04:00 PM
  #12  
ಠ_ಠ
 
Socket7's Avatar
 
Join Date: Aug 2007
Location: Under the Dumbarton Bridge
Posts: 2,228
Likes: 0
Received 6 Likes on 5 Posts
I doubt they are actually going all the way to court, for the reasons stated above. They are probably just sending out cease and desist letters and hoping people will not question it because they're a big scary company.

If you were to take it to court, it would probably be thrown out and ford would have to pay court fees. More likely they would dismiss the suit entirely.
Old 01-14-2008, 09:52 PM
  #13  
⎝⏠⏝⏠⎠
 
mysql101's Avatar
 
Join Date: Apr 2004
Location: USA
Posts: 8,625
Received 5 Likes on 4 Posts
letters being sent from ford:

"Although you and your members may own the Ford automobile, you do not own the rights to the trade dress. Taking pictures of any Ford automobiles, placing them on products (i.e. calendar, mugs, t-shirts, etc.) and making them available to the public for sale is an infringement of Ford's intellectual property rights."

"Because of the cachet of the world-famous Ford name, thousands of independent businesses and people make a living from or pursue a hobby related to Ford products and services. Unfortunately, many of these businesses improperly attempt to affiliate themselves with Ford by using Ford trademarks and trade dress (for instance, the depictions or photographs of Ford's distinctively shaped vehicles) in advertising their products and services."

"If a business not affiliated with Ford uses any Ford trademark, whether through the use of photographs, depictions or silhouettes, or any confusingly similar variation thereof, without Ford's express, written consent, then that business is violating Federal and state trademarks laws."

"It is also not sufficient for a business to state that it is not affiliated with Ford but continue to use Ford trademarks without permission. The business is still misappropriating the goodwill and reputation developed by Ford, and attempting to capitalize on or profit from Ford's goodwill and reputation. Even with the best of intentions, unauthorized use of another company's trademark is against the law."

"At times Ford enthusiasts question why Ford is so adamant about policing it's trademarks and preventing unauthorized uses or infringements of them. It is quite common for someone who is using a trademark without permission to say, "I'm giving Ford free advertising, so why does Ford care?" Ford cares because it is important that Ford be able to exercise control over the quality of the product or service bearing Ford's trademarks."

"To protect the value of its trademarks, Ford is obligated to object to and pursue unauthorized uses of its trademarks and trade dress, even if the use of the trademark or trade dress does not appear offensive or objectionable."
Old 01-14-2008, 10:55 PM
  #14  
Future Rotary User
 
lone_wolf025's Avatar
 
Join Date: Oct 2006
Location: Chicago, IL
Posts: 567
Likes: 0
Received 0 Likes on 0 Posts
While that much is true, they don't have the right to the all the stuff they said they do. Where does ford get off telling someone they own rights to obviously non-ford products?
Old 01-15-2008, 06:47 AM
  #15  
Owner of BHR
iTrader: (7)
 
Charles R. Hill's Avatar
 
Join Date: Nov 2003
Posts: 4,101
Received 45 Likes on 32 Posts
Now you guys know another reason why I left Ford when I had a chance. Rather than allow the free promotion of their product they choose to turn on their biggest supporters.

I would be happy to file the responsive brief in that lawsuit and I would win the case on social merits, alone. Ford wouldn't want me to bring the law into it.

As to exercising control over the quality of Ford product; isn't THAT best done from within, during the design and assembly process?

Last edited by Charles R. Hill; 01-15-2008 at 06:50 AM.
Old 01-15-2008, 07:32 AM
  #16  
Registered User
 
BlueEyes's Avatar
 
Join Date: Sep 2004
Posts: 4,887
Likes: 0
Received 2 Likes on 1 Post
Fords argument makes sense to me. The calender was being sold on the cafepress website for anyone to buy. They clearly stood to gain from Fords image.

I would think Ford would persue a more freindly solution, however. It's not much of a stretch to imagine the site owners printing the calenders and selling them independently to forum members. Or giving them away to forum members and asking for a donation, wink wink.

As well, the claim that Ford said they owned everything is written adlib all over that site, but never once did I see it in writing from Ford itself. I suspect its the result of over-reaction or misinterpretation.

Last edited by BlueEyes; 01-15-2008 at 07:35 AM.
Old 01-15-2008, 08:06 AM
  #17  
Registered
iTrader: (4)
 
alnielsen's Avatar
 
Join Date: Aug 2004
Location: Buddhist Monastery, High Himalaya Mtns. of Tibet
Posts: 12,255
Received 6 Likes on 6 Posts
The problem is, most of these cars are modified by the owners. They are no longer the image of what Ford sells.
If a person is in public, you can freely take pictures of him. This is how the tabloid news works with celebrities. The same principal should apply to other object also, including Ford products.
Old 01-15-2008, 08:19 AM
  #18  
Has the whole shit.
 
Rhawb's Avatar
 
Join Date: Jan 2005
Location: Orlando, FL
Posts: 1,772
Likes: 0
Received 0 Likes on 0 Posts
Good move, Ford. You're becoming the RIAA of the auto industry.

P.S. - Your desperation is showing.
Old 01-15-2008, 08:24 AM
  #19  
Registered User
 
BlueEyes's Avatar
 
Join Date: Sep 2004
Posts: 4,887
Likes: 0
Received 2 Likes on 1 Post
Dude, you look at any of the cars in that calender and modified or not, they are all clearly Ford Mustangs. They all look like Mustangs, and have all the Ford and Mustang logos. To the average person, they are still very much in the image of what Ford sells.

You can't take a picture of Fords and put it in a calender and sell it to the general public under the pretense of being a Ford calender, or mug, or hat, or whatever you put the Ford product on. It makes perfect sense.
Old 01-15-2008, 08:43 AM
  #20  
The "other RX8" owner
 
Ben98gs's Avatar
 
Join Date: Aug 2005
Location: McCordsville, IN
Posts: 110
Likes: 0
Received 0 Likes on 0 Posts
It makes no sense whatsoever. I understand if they were using the official ford logo, or using pictures that ford paid for the rights to (ie, paid a professional photographer). But these are photos of modified vehicles that are no longer to Ford specs. They are owned by the people, with pictures taken by the people (or possibly those hired by the people).
Old 01-15-2008, 11:11 AM
  #21  
Registered User
 
BlueEyes's Avatar
 
Join Date: Sep 2004
Posts: 4,887
Likes: 0
Received 2 Likes on 1 Post
It doesn't matter if they're not to Ford specs anymore. You and I can see that, but to any reasonable, and average person, they would be identified as Ford Mustangs. Lucky for you and I, the law is based around the reasonable person, otherwise the world would be a **** place to live.

Bottom line is that they were selling a calender on a public shopping site, featuring Ford Mustangs for a price which I can only assume is above materials and processing costs. You can't do that.

I don't agree with Fords actions here, but saying they're way off base is simply untrue. Many companies do this type of cyber policing of their brands.
Old 01-15-2008, 11:22 AM
  #22  
Baned
Thread Starter
 
rglbegl's Avatar
 
Join Date: Sep 2006
Location: By a lake
Posts: 1,532
Likes: 0
Received 1 Like on 1 Post
I just want to know what happens to all the magazines, calenders, televised racing events, tv shows, car shows . . . . .
Old 01-15-2008, 11:46 AM
  #23  
Administrator
 
zoom44's Avatar
 
Join Date: Jul 2002
Location: portland oregon
Posts: 21,958
Received 115 Likes on 88 Posts
Blue eyes is exactly correct. And this is the part that matters most

"To protect the value of its trademarks, Ford is obligated to object to and pursue unauthorized uses of its trademarks and trade dress, even if the use of the trademark or trade dress does not appear offensive or objectionable."

In order for ANYONE to protect their trademark they have to show that they have activelt protected it. If starbucks doesnt take action against someone who opens another starbucks across the street from them they can lose their rights.

If Ford doesnt take measures to protect their copyright/trademarks when they perceive a violation then they can lose the right to it. If they let just anyone produce calendars for profit without objection then they lose the right to complain if a giant company did it too.
Old 01-15-2008, 11:58 AM
  #24  
Administrator
 
zoom44's Avatar
 
Join Date: Jul 2002
Location: portland oregon
Posts: 21,958
Received 115 Likes on 88 Posts
the press is generally exempt from trademark violations but they have to get it right

http://www.pressgazette.co.uk/story....code=39785&c=1

http://www.pressgazette.co.uk/story....code=38919&c=1

Muzak is commonly used as a generic term for the sort of piped-in music you might hear in a lift.

But it is still a registered trade mark to the US-based company which pioneered providing pre-recorded music for shops and offices in the the Thirties and still trades to this day.

Theoretically, journalists could face some sort of legal action for deliberately devaluing a brand. But in practice any penalties would be likely to be more subtle.

Stansfield explained: “The Motion Picture Academy has always insisted that Oscar has a trade mark against it. If journalists ignore that, the situation might be that you get less access, but I’m not sure if there would necessarily be any sanction in law.”

Stansfield added that it is distinctiveness and continuity of use which makes brands valuable and that this is why their owners are so keen to ensure journalists treat them as proper nouns.
Old 01-15-2008, 12:01 PM
  #25  
Administrator
 
zoom44's Avatar
 
Join Date: Jul 2002
Location: portland oregon
Posts: 21,958
Received 115 Likes on 88 Posts
heres a good article on the press and trademark including some good AP info

http://realtytimes.com/rtinteractive...11_editors.htm

and another concerning trademark dilution by bloggers

http://www.ibls.com/internet_law_new...stnews&id=1935


You have already rated this thread Rating: Thread Rating: 0 votes,  average.

Quick Reply: Wanna sell a pic of your Ford? Freichen Ford.



All times are GMT -5. The time now is 03:21 PM.