Classic Mustangs (Tech) Technical discussions about the Mustangs of yester-year.

hope this is B.S.

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Old 01-16-2008, 11:52 AM
  #1  
cmanf
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Default hope this is B.S.

Picked this blurb up @ another site but looks to be a shelby esq" move by ford.

"In a move that can only be described as 'Copyright Insanity', Form Motor Company now claims that they hold the rights to any image of a Ford vehicle, even if it's a picture you took of your own car. The Black Mustang Club wanted to put together a calendar featuring member's cars and print it through CafePress, but an attorney from Ford nixed the project, stating that the calendar pics and 'anything with one of (member's) cars in it infringes on Ford's trademarks which include the use of images of their vehicles.'"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."
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Old 01-16-2008, 12:02 PM
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Starfury
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Default RE: hope this is B.S.

It's not Shelby-esque, it's Ford-esque. They've been going after people like this for years, Shelby has only recently done it with the SAAC.
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Old 01-16-2008, 12:04 PM
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kalli
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Default RE: hope this is B.S.

i believe there is a huge difference if you are selling the calendar or not

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Old 01-16-2008, 12:11 PM
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cmanf
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Default RE: hope this is B.S.

This put a big damper on the sport tho. I may or may not have a couple of my mustangs in a u pcomming issue of pop h/r in feb but seems the guy i was talking to just left it open for the time being.

Lol this ticked my wife off so bad she did some detective work and found the source of origin. Appears to be a blog.http://www.boingboing.net/2008/01/13...wners-are.html

and now this its legit guys. These are claims by the guys trying to get a calendar printed. Who knows what the details are.
http://www.thelaw.com/forums/showthread.php?p=45246
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Old 01-16-2008, 12:25 PM
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JMD
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Default RE: hope this is B.S.

So,, I guess ifa person includes a photo of a car for salein an ebay ad,this person isin violation of trademark law?

If this is correct, as it appears to be, then this is a clear indication that we have been electing way too many lawyers into public office...

I pledge to never vote for a lawyer unless the alternative candidateis abominable.
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Old 01-16-2008, 12:30 PM
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cmanf
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Default RE: hope this is B.S.

This doesnt seem even remotely possible to do to loyal ford owners.
Talk about alienating your base customers. I have 5 mustangs and a 67 galaxie convert now and would have like to had a few more down the line.
I was knocked over by this like I said just hope its all hype from the printing company.

just as i started freaking out about this Turns out it was resolved also.
http://www.adrants.com/2008/01/ford-...ts-returns.php
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Old 01-16-2008, 12:37 PM
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TexasAxMan
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Default RE: hope this is B.S.

It's worse than that, I understand they are going after businesses with the words Ford, Mustang, 'Stang, etc. and making them change the name AND pay Ford $10,000 or Ford will sue them.

Bad for the sport? Hell, it's bad for everything related to Ford.
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Old 01-16-2008, 12:39 PM
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Gary H
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Default RE: hope this is B.S.

Wonder if this means you cant have your car in a magazine...
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Old 01-16-2008, 12:53 PM
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cmanf
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That is a problem Mu/unlimited is a client of mine, when I did there van they were telling me they may have to change everything soon.
The thing is what would they call themselves. Cant use Pony Ford mustang falcon or any other reference. Horsey barn unlimited?
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Old 01-16-2008, 01:01 PM
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Default RE: hope this is B.S.

Tell them to call it "Ford Sucks Unlimited". What a bunch of a-holes.

I'm taking everything that says Ford off my car that I can. I love the car, just hate the maker.
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