Totally Outraged

[TDuck]

That's pretty interesting.

I wonder how many calendars they are gonna sell now?

I bet it's a lot.

[jk69cat]

the way this was like a plague all over the net i am glad that it is resolved

[XR7-4.6]

Originally Posted by jk69cat

the way this was like a plague all over the net i am glad that it is resolved

[94 Daily Driven 4.6L]

This whole thing was probably just a marketing ploy to sell more calendars.... (j/k)

I'm glad it was clarified and resolved.

[Last Mrk]

If you stopped following this, It Has Been Resolved. Ford's no longer a villain.

[KewlBird]

Originally Posted by Last Mrk

If you stopped following this, It Has Been Resolved. Ford's no longer a villain.

Welcome to 2 days ago, check post #59

[Last Mrk]

I should have know. TCCoA guys don't miss a thing. LOL

If I wasn't so lazy, I would have seen that.

[Josh_Keady]

Beating the dead horse, I realize, but BoingBoing has a nice summarizing little followup on this:

http://www.boingboing.net/2008/01/25...ng-club-c.html

[ben_cline]

I also received a reply today:

Dear Ben,

Thank you for taking the time to write to us.

As you are probably already aware, the calendar issue was a
misunderstanding and it has been resolved. Ford did not notify the Black Mustang
Club to stop production on its 2008 calendar. Ford does not intend to
alienate any enthusiast clubs and that's why we moved quickly to clear
the air.

For more details, please visit the Black Mustang Club official website
at:
http://www.bmcforums.com/showthread.php?t=42820.

Ford's official response has been posted on many websites and a copy
can be found at:
http://media.ford.com/article_displa...ticle_id=27542.

We appreciate our loyal customers and Mustang enthusiasts such as the
Black Mustang Club members.

Sincerely,
Nelson
Customer Relationship Center
Ford Motor Company

[Trunk Monkey]

Originally Posted by AbSeNtEE

Strictly on the photographs alone, the owners could collect tons. (meaning the people that took them, not the website owner/calendar designer) If I'm not mistaken, they could sue for up to 50,000 for each photograph because Ford claimed them as their own.

You lost me on this one?

Originally Posted by twin turbo 281

well yea, there doing because whoever made the calenders were going to make a profit off of a ford trademark. Taking money away from ford in there eyes. However this is now already on every car site i scanned thru now ford is the one who is going to lose tons. Ford just lost a lot of business if this happens.

You hit the nail on the head.

Originally Posted by jk69cat

The way this was like a plague all over the net i am glad that it is resolved

Ok, Here's my take on all of this.

1. Ford had every intention of enforcing their trademark rights.

2. Without the power of the Internet and the rapid spread of this information to every other Ford enthusiast club BMC would have never gotten their calender made.

3. Fords quick retraction is a direct reflection of the bad publicity this issue was generating NOT because there was a "Misunderstanding". See #1.

4. In Mr./Mrs. Whitney Drake's reply I find several statements interesting:

Originally Posted by Whitney Drake

We've been watching this discussion with interest...

Translation: We screwed up and are amazed at how this has spread like wildfire to every other Ford enthusiast forum and don't want the bad publicity to affect future sales of our vehicles.

Originally Posted by Whitney Drake

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.

Translation: We have a problem with ANYONE besides Ford using our logo and other trademarks for products they intend to sell. We have issue with individuals profiting from our products up to the limit of their collective bargaining power.

My Take: The BMC is a group of INDIVIDUALS. However, their collective bargaining power increased by the ability of the Internet to spread information to every other enthusiast board exponentially growing the BMC collective bargaining power quickly caused Ford to reconsider their position.

Originally Posted by Whitney Drake

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.

My Take: WTF? The difference between taking pictures and using Ford logos/trademarks is not clearly defined because the cars are clearly recognizable as Ford products complete with the blue oval and each cars respective identifying badge; Mustang, Thunderbird, etc. The two are inseparable. And the calendars ARE going to be SOLD!

[Traveler]

Originally Posted by Trunk Monkey

My Take: WTF? The difference between taking pictures and using Ford logos/trademarks is not clearly defined because the cars are clearly recognizable as Ford products complete with the blue oval and each cars respective identifying badge; Mustang, Thunderbird, etc. The two are inseparable. And the calendars ARE going to be SOLD!

The Calender can be sold with photographs of individuals Cars. It cannot have a Ford logo printed on it anywhere, nor I imagine a running Pony logo on it. The individual CARS are not trademarked, the LOGO's are.

[Southpaw]

^^^ What Traveler said, that part of Fords statement seems pretty clear to me. I think Fords IP lawyers notified CafePress about specific items (or specific types of items) they saw as infringing. imo CafePress just pooped there pants and over reacted by taking down anything they though could possible be considered infringing, whether it truly was or not, like the BMC calender for example.

Also i don't buy it that Fords going to lose tons of money over something like this. Gearheads who have been lusting after a new Mustang don't give a damned about petty legalistic trademark disputes, even if they so they do on the internet. Yea sure they're going to go buy a new Camaro or Mitsubishi instead solely because of a trademark dispute.... No way, 99% are just posturing and bluffing because their upset.

edit: The 2nd reply to the boing-boing blog article tells us a little about CafePress's mindset.

[Nativedetroiter]

I also received the same letter. Seems alright to me.

[Southpaw]

I'd love to see the language of the cease and desist letter Ford had previously sent to CafePress regarding the items or types of items they felt were infringing on their trademarks. It makes all the difference in the world as far as who's to blame for the misunderstanding.

[Trunk Monkey]

Originally Posted by Southpaw

I'd love to see the language of the cease and desist letter Ford had previously sent to CafePress regarding the items or types of items they felt were infringing on their trademarks. It makes all the difference in the world as far as who's to blame for the misunderstanding.

Yea, the second reply you cited earlier is an interesting read. I think it pretty clearly outlines what Ford asked for in the letter that CafePress received. However, seeing the original letter would be great.

Originally Posted by Sara Moufarrige-Doepke, PR Coordinator, CafePress:

1. We received a Cease and Desist from Ford several months ago. In this document Ford asked that we remove (and continue to remove) user created product images that feature Ford cars and logos. This included current products, and future products.

2. In compliance with this request we remove images as they come up, and then let the CafePress user (in this case BMC) know that they have been removed or pended, and why (in this case a general Cease and Desist from Ford).

3. Over the course of last week we spoke with Ford and reached an agreement - Ford has revised their initial position making the photos of individual's cars usable on CafePress merchandise.

To confirm, yes - we did receive a notification from Ford which covered current and future user-created CafePress products featuring Ford cars and logos. And no, this Cease and Desist was not directed specifically at the BMC - however the BMC content in question was prohibited in the general Cease and Desist we received several months ago.

[Southpaw]

Even if we assume lawyers at Fords IP department went a bit berserk in justifying their jobs by demanded more then they could legally enforce... that doesn't excuse CafePress being a bunch of pussies who turned white as a sheet and sold their customers out at the first sign of a C&D letter.

If Ford was wrong in demanding whatever it is they demanded, that still doesn't justify CafePress's reaction to the C&D letter.