Ford says they own the pictures you take of your car!!

[Chris B.]

This is unbelievable!! Ford says they own the pictures you take of your car! Read on!!! http://www.bmcforums.com/showpost.php?p=1331698&postcount=42

[TruBluScreamer]

What the crap!! Like that damn family doesnt havent enough money to begin with and as far as im concerned they can stick it you know where because im payin for that damn car and ill be damned if they think they can pull this off

[bleedingfordblu]

f that they can blow.

[Dan]

hahahah

[Jacostang]

Just another lawyer who has his head up his or her ass!! But if Ford really allow this to happen they are losers for sure!! I will call Dave at the mustang Center and see what his take is on this one....

[Ruckus46gt]

here is what fords lawyers had to say
Ford's trademarks and trade dress serve several important purposes. First, seeing the distinctive Ford logo on a product or business is an immediate indication that the product or business is authorized by Ford. Second, a product bearing a Ford trademark is an indication that the product is of high quality and has passed Ford's strict quality control procedures and inspections. Third, placing a Ford trademark on a product indicates that Ford, or an authorized agent, is the source of the product, and that the product is genuine and not counterfeit. When the public purchases a product or service sold under a Ford trademark, the public has every right to expect that the product or service is the "real thing." All of this, in turn, contributes to the value of Ford trademarks as legitimate and important business assets of the company.

At times Ford enthusiasts question why Ford is so adamant about policing its 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. If a disreputable business sells an inferior product or service that uses a Ford trademark, the poor quality of that product or service reflects on Ford. A person who is disappointed by that poor product or service will not take the time to determine whether Ford in fact authorized the use of its trademarks.
They will, probably rightly, assume Ford to be the ultimate source of their disappointment and may transfer their loyalty to a competitor.

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.
That business is also misleading the public into believing that such business is affiliated with Ford. 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 and misleading to the general public.

Unauthorized and infringing uses of Ford's trademarks come in many disguises. Examples of cases in which Ford has successfully pursued infringers include the following: (1) businesses that use Ford trademarks in their business name such as "John Doe's Ford Repair;" (2) businesses that use Ford trademarks or trade dress in advertisements, including phone book advertisements; (3) businesses that place Ford trademarks or trade dress on products such as shirts, coffee mugs, key fobs, etc.; and (4) businesses that use Ford trademarks in their Internet domain names.

Ford genuinely hopes the public understands the need for Ford to police and enforce the proper use of its trademarks and trade dress. 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. If Ford does not do so, it may be deemed under the trademark laws to have abandoned its trademark rights.

not for nothing i got a good laugh at that. Ford nor any american car manufacuter have high quality standards

[Chris B.]

The BMC was just trying to put together a calendar of members cars of the month! If that's the case then anybody who makes money from photographs of someone elses car is infringing on Ford's trademark, unless you have their written permission... WTF!!!

[Ruckus46gt]

i doubt anyone was actually making money the calanders were probely donations to help fund the site in yearly costs. otherwise things like sales tax et comes into play

[Chris B.]

i doubt anyone was actually making money the calanders were probely donations to help fund the site in yearly costs. otherwise things like sales tax et comes into play

They were going to sell them for $19.88 plus shipping. Don't know for sure what the cost covered.

[gjmack3]

It doesn't matter what it is, if you sell it for profit, that is copyright infringement and very illegal! Everyone of the big three is like that. I know for a fact, that BMW is very, very protective about their trademark. They have no problem suing someone for infringement. For almost twenty bucks, they were going to make a profit off of those calendars. If they were going to donate the profits, then someone needed to contact Ford and explain the situation, and get permission to do so. Plain and simple. Everyone can get all pissed off if they want, but it's the law.

[diehard]

No one should be surprised by Ford's stance in this matter. For those of you who do not know, Henry Ford use to disseminate anti-Semitic literature via every Ford he use to sell, as he was an American supporter of the National Socialist Party, and donated a lot of money to Hilter's regime. Therefore, it's obvious they still like to go about business in dictatorial manner. However, no one should be scared of Ford, as they have not recently been very successful in their "trademark" lawsuits. They tried to stop company's from producing plenum covers with the mustang, and/or gt logo's and did not win. So I would still produce, and sell the calendars, as they give up their trademark rights the moment they sell the car to you. If their stance held any legal merit, we would not be able to customize our current Ford vehicles without the consent of Ford. So as long as the calendars feature only personal vehicles, you are legally free to produce, and sell them in this Country, which is of a free market.

[wickedcobra]

It doesn't matter what the circumstances are I still think its BS...

[AZSonicSnake]

hmm....guess if they own my pics they should be paying for the camera then....:twothumbsup:

[wickedcobra]

hmm....guess if they own my pics they should be paying for the camera then....:twothumbsup:


That and they are getting FREE advertising too......

[AZSonicSnake]

no kidding. this kinda thing really does not shock me, but i cannot for the life of me understand how they think they own something that is our own property, that we rightfully bought...

[Ruckus46gt]

if its infringment they should not put ford symbols on my car. If they want to put the symbol on my car they should pay me if this is the case. Also anytime a website etc uses the name ford they are also putting them self at risk according to what there lawyers say. If my contract doesnt say anything about me having to ask for permission to take photos and sell calanders etc then well i have the right to end of story. i am selling pictures of my car for a profit not there symbol.
i think everyone should contact ford next week and ask them permission to take pictures of there car they own and post the pictures on the net.

[RockysMom]

This is just like when you buy a new car and the dealer puts thier stickers all over it, if the dealership wants to pay you for advertising "fine" if not then they have to remove them for you before you leave the lot. Trust me I know about this one, this happened to a relative of mine. If they want to get dicky about it then they can start paying me for advertising there vehicle and there name!!!!

[ASUSMC]

as they give up their trademark rights the moment they sell the car to you. If their stance held any legal merit, we would not be able to customize our current Ford vehicles without the consent of Ford. So as long as the calendars feature only personal vehicles, you are legally free to produce, and sell them in this Country, which is of a free market.

This is where the gray area comes in. By the law anything that is produced with a Ford SYMBOL prominently and obviously displayed without Ford's consent is copyright infringement. Same idea with the NFL and every major sport that you cannot reproduce or rebroadcast without the express written consent. It is their product and as such they have a right to protect their name.

This last part about customizing our own vehicles. We actually do not have the right to customize our own vehicles. How many peoples warrantys have been voided because of any modifications at all to the car?

[wickedcobra]

if its infringment they should not put ford symbols on my car. If they want to put the symbol on my car they should pay me if this is the case.

No doubt.....

[BurnTire]

Damn time to change the name to high performance steeds and put a horse on the homepage. LOL

[diehard]

First off, there is a big difference between a copy right, and a trademark. Second a warranty is just a guarantee against defects, etc. Trademarks expire, just ask the drug companys, well in is no different in the car business, this is why you have companys like "year one" who can basically give you a complete car from the 70's. Second, once you alter you car you have effectively violated the trademark of Ford according to their point of view, as you have changed something that has their name, and symbol on it, which from a legal stand point alters the trademark. As for a gray area... How do you think lawyers make a living? The Law is nothing more then one big gray area. So all I can say is F$$k'em if they don't like it!:pepper:

[HIKER]

What do you expect from a company that's one step from bankruptcy. I've always said...I love Mustangs, but hate FORD. Next time you see a Mustang in a TV commerical or movie, and there's a bunch...you'll see that the horse has been removed from the grill as all FORD related emblems...unless it's a FORD commercial or the corp has FORD as a sponsor like American Idol.

[HIKER]

BMC can still print that calender, they just have to photoshop all the logos and emblems off each car... no big deal.

[Rev'n Kevin]

I think Ford stole the mustang emblem from Pony Express circa late 1800's, looks identical, just no rider, but I swear that's the same horse. :yes: