Calendar Problem - Ford Suit

[Alexander]

If you noticed the news in the Ford section of this message board, you know that Ford just sued a bunch of enthusiasts for making a calendar of their Jaguars - I am not sure if they are both old and new cars. See: http://www.squarebirds.org/vbulletin...ead.php?t=3437 and http://xkedata.com/blog/2007/10/11/calendars-areoff/

I just noticed that Cafepress just took down all the old calendars I made and flagged all the images as possible trademark violations. I guess the Ford suit made them nervous. http://www.cafepress.com/sportsterror/959843

I pay a maintenance fee every month for that Cafepress store. Most of the sales are from calendars each year, which still does not cover all the costs.

This sucks. I am a proud loyal Ford fan, but his is ridiculous and makes me mad. My activity does not hurt Ford or its image or its profit; it helps.

I will seek an alternate way to make calendars. It will less convenient for me and may require pre-orders from you. There would only be one calendar selection this year too.

[6TB1RD]

Ford Sucks

Let me be the first to say I'm with you!

It's probably a money thing like all big corporations they want a share of the moo-la.

Let me know if or when you need the pre-order.
put me down for 2,

[Dan Leavens]

Alexander, I presume it was just a matter of time that Ford in it's wisdom would react like this. What they don't realize is that you / we, are actually assisting in promoting the Ford name, with our classics. Have you had a chance or thought of sending an e-mail to John McCarthy rrestore@aol.com ,as he was the last liason, I know of for Ford. I have a phone number 847-997-9944 and perhaps he can instruct us on the legality and or penalties. That certainly doesn't help with Cafepress and their site but at least we will know where we stand.

I also would like two (2) calendars for the upcoming year. I would be proud to show our calendar to anyone visting my office.

Dano Calgary,Alberta Canada

[Guest]

Put me down as the publisher. I'd love to be sued by Ford. It'll make a great story in the LA Times, Sacramento Bee, Boston Globe... . -LEON

[Guest]

Where Do I Sent The Photo

Again---- Where do I email the photo? What resolution etc.

[Alexander]

E-mail photos to webmaster at squarebirds dot org .

It should be a resolution that looks good at 8.5 x 11 inches. Minimum size should be about a megabyte. I can try to sharpen up lower grade pictures, but it is not always successful.

[Alexander]

There are several things that are not legitimate with this lawsuit. First of all, these Jaguar owners are showing cars that they own. Apparently they were all old E-Types. They say that they are Jaguars on the calendar, but that is incidental. They are not promoting the Jaguar brand logo or name as their own.

If you took of a picture of someone wearing Levi jeans and a Guess T-shirt holding a Coke, and took the picture to have it developed, by the reasoning of this lawsuit you would be infringing on three trademarks. You and the developer are in criminals by this logic. Perhaps people should be only photographed in the nude in front of nondescript natural scenery to prevent trademark infringement.

Ford spends millions on advertising and product placement in movies and TV shows. Here they have talented enthusiasts doing free publicity for them. How much would it cost Ford to do this? I could almost understand if Ford offered a service for enthusiasts to do this kind of promotions. But they don't and they won't.

[Guest]

Ford must be coming up short in their R&D dept.
Put me down for atleast 2.
Leon what's your avatar pic.?Looks alittle creepy!

[dgs]

How about sending us PDFs or JPEGs? You could sell 'em cheaper and then we could decide to print or not. If each month were it's own JPEG, we could use them as computer desktop wall paper.

I'm a part of an online forum for my Honda Odyssey minivan (yes, I'm a real car/PC geek). It was originally hondaodyssey.com but e got a threatening letter from Honda that he was using their trademark and to stop it. They were technically right, but come on, it's a enthusiast site for a minivan. They ought to celebrate it, not persecute it. It's now odyclub.com.

[Guest]

Another way around this is to give the calanders away free and ask for a donation to the site.A friend of mine runs a mag.and prints what ever he wants as long as their free.He make money on advertisements.
An idea is to contact tbird parts houses and give them each a 1/10 add on a blank page on the back for whatever you decide.That woud also come in handy to have all #'s in the same place.I'd be willing to try and put this together.

[Alexander]

I don't think it matters if there is no profit. The logic of the lawsuit is that you are using the likenesses of Ford Motor Company products without permission.

Ford does allow enthusiast clubs to use their logos and brand images on merchandise that they sell exclusively to to their own members.

I made this site to share information and enthusiasm for Thunderbirds. I had not intended to make it a formal club. There are already several good national clubs. I am a member of both the VTCI and ITC.

To make this a club, I would need to incorporate it and then request permission from Ford to use their brands on merchandise such as calendars. It is a lot of effort and some expense for a small amount of merchandise.

[tarps3]

Ford pulled this same BS in Oklahoma City recently.
There was a company named Obsolete Ford Parts and they were sued.
First they were sued because, gasp!, they referred to Ford part numbers in their catalogs. Never mind that they sold both repro and NOS parts (therefore making the correct parts numbers necessary).
Then Ford sued them for using the Ford name in their company name.

For cryin' out loud!

No wonder so many people are GM enthusiasists. GM actually SUPPORTS the old car hobby! Imagine that.
They can provide copies of build sheets, parts references, etc. and don't flip out when someone says "Chevy small block". Many times, their dealerships can even locate obsolete parts for the vehicles. I'm not a GM fan, but sheesh!

It's not only ridiculous, but also insulting to all of us who put so much time, effort, and MONEY into keeping these old Fords on the road. They ought to be paying us for free advertising!

You'd think Ford would have more important things to worry about than this stuff...like maybe making decent cars again and NOT going bankrupt.

let me know how I can help ya Alexander.

[Alexander]

Obsolete Ford Parts has been in business for decades. Why pursue legal action now? I like a catalog that lists the parts by the Ford Parts number. That's how I know the parts from the Parts books, and it reassures me that I am getting the right part.

If Ford is worried about trademark dilution by an antique Ford parts dealer using "Ford" in their name, they shouldn't. Ford has been in business for over 100 years - the trademark is secure. If it would make Ford lawyers feel better, they should just grant the company the right to use the Ford name in their business. It will make everyone happy and won't alienate people who help promote and preserve Fords from the Ford brand.

I understand Ford going after people who sell merchandise with their brand on it without license, but this not that.

[frank58]

Ford does allow enthusiast clubs to use their logos and brand images on merchandise that they sell exclusively to to their own members.

I made this site to share information and enthusiasm for Thunderbirds. I had not intended to make it a formal club. There are already several good national clubs. I am a member of both the VTCI and ITC.

wouldn't it seem to be a simple solution by offering the calendars under VTCI (or ITC) sanction? Many of us are members.... Probably sell more also.

[Dan Leavens]

I have been reading with interest, the potential problems with Ford on nour calendars. I have reviewed our current calendar and they are all privately owned cars showing year and name. The exception is May 2007 which is presumably, an old archive 1960 Golde Top publicity photo. While I am not a lawyer or up to speed on US law, this is the only grey area of our calendar.
IF we have alll 12 months covered with member cars and the word FORD is not in print how are we open for a lawsuit. The word enfringe means " violate / encroach." I think the key area is not using the word FORD or any likeness of a logo.
I would tend to agree with other members that we can either send donations OR accept revenue from the parts houses that we alll spend our $$ on.

Dano Calgary,Alberta Canada