Ford refuses to allow fan-made calendar to be sold

[Sledge]

http://www.boingboing.net/2008....html

Quote »

The folks at BMC (Black Mustang Club) automotive forum wanted to put together a calendar featuring members' cars, and print it through CafePress. Photos were submitted, the layout was set, and... CafePress notifies the site admin that pictures of Ford cars cannot be printed. Not just Ford logos, not just Mustang logos, the car -as a whole- is a Ford trademark and its image can't be reproduced without permission.

Related yet unrelated pic - OH NOES!!11oneone Ford is going to get teh lawyers on me!!

[radroc]

Argh! Watch out 'Hot Rod Magazine', Ford is going to recover 40+ years of backpay for your pics!

[blacksootdub]

[VwG60Kid]

wow thats pretty lame

[92_525i]

can they legally do that, upon sell is the car not property of the new owner with no vested right remaining with ford?

[JOHNS92JETTA]

Lame, just lame.

[Swallow Doretti]

2nd time Ford's done this in the last month, BTW--they also did this with a local midwestern Jaguar club.

[VdubChaos]

Silly, Ford should look into other ways of making money rather then going after their current customer base.

What else is there left after that?

[2Cor]

Hopefully this will be settled when they contact Ford. What a joke.

[WakeHead]

How about show cars? Aren't those owners making money off the image of a Ford product?

[MotownSVT]

I'm going to guess this has a lot more to do with CafePress selling the calendars (and making the profit) than it does the club itself. If the club is selling them directly to the members and using any profits to fund the club, then I'd guess all it'd take would be a quick note to Ford to get the clearance.

Who knows, though? I'd imagine most (if not all) manufacturers have legal firms that are responsible for "brand protection"... it's a horrible move from a PR perspective, but I can understand why the need exists. The brand and product is trademark protected...

Modified by MotownSVT at 9:20 AM 1-14-2008

[Swallow Doretti]

Quote, originally posted by MotownSVT »

I'm going to guess this has a lot more to do with CafePress selling the calendars (and making the profit) than it does the club itself. If the club is selling them directly to the members and using any profits to fund the club, then I'd guess all it'd take would be a quick note to Ford to get the clearance.

Nope--has nothing to do with CafePress, since, IIRC, the Jaguar club that got the same letter was having their calendars printed up by a member's print shop.

[MotownSVT]

Quote, originally posted by Swallow Doretti »

Nope--has nothing to do with CafePress, since, IIRC, the Jaguar club that got the same letter was having their calendars printed up by a member's print shop.

Hmmmm... OK. Didn't know for sure...

What I wonder is, did anyone contact Ford to see what type of clearance they'd need? I mean, I understand that these are all privately-owned vehicles, but the brand is still trademarked. It'd sort of be like me taking a picture of my Mustang, putting it on t-shirts and then selling them to Target... I wouldn't be profiting off of my car, but the Mustang brand. Not necessarily the same thing, but it's still along the same lines of the trademark infringement that, I'm sure, is the sticking point of this whole mess.

[Lumis_Wolfy]

ford really loves their enthusiast base.

so much that they attack them for wanting to make a damned calendar. Srsly.

[rimtrim]

I would be interested to see what would happen if a case like this went to court. Remember that what is at issue here is not copyright (which clearly lies with the photographer, which in this case is not Ford) but trademark. I'm not as well-versed on trademark law as I am on copyright...would anybody who knows about this stuff care to chime in? I thought trademarks (unlike copyrighted works) needed to be registered. Can you really register the whole design of a car as a trademark?

-Andrew L

[houstonspeedfreek]

Wow. lame.

[spockcat]

Quote, originally posted by MotownSVT »

I'm going to guess this has a lot more to do with CafePress selling the calendars (and making the profit) than it does the club itself.

It probably cost Ford more to have an attorney send the letter than CafePress would make on selling a few calendars.

I guess I will have to close my eyes every time I drive by a Ford.

[WakeHead]

They stop this small time "dilution" of their brand, which actually is more like free advertising.

While at the same time whore the Ford/Mustang brands for K.I.T.T. in the new Knight Rider.

[intercedeGLI]

This is all pretty sketchy.

The Mustang club I belong to (Emerald Coast Regional Mustang Club of America) used CafePress to print our calander that we sell to members and at events. We use the proceeds to help the non-profits that we support.

We've done this for the last several years. We have the permission of the MCA (Mustang Club of America), and through the Ford marketting department.

Not never, not once have we had anyone give the yearly project anything less than their blessing. Hell, we sell the things at three local Ford dealerships.

Something isn't right.

[MotownSVT]

Quote, originally posted by intercedeGLI »

We've done this for the last several years. We have the permission of the MCA (Mustang Club of America), and through the Ford marketting department. Not never, not once have we had anyone give the yearly project anything less than their blessing. Hell, we sell the things at three local Ford dealerships.

Right there is what I'm guessing is the difference. MCA and the marketing department signs off on it. Is there one of these things

on the calendars at all (probably on the back)?

[Rob]

Ford sucks.

They can't wait to spend millions for product placement in crap like I Am Legend and the new Knight Rider, and yet they can't wait to screw over their most loyal, most passionate customer base.

Keep up the GREAT work, guys!

[29er]

Very dumb

There is a Mk4 fourm calendar for 2008, I dont think anyones worried about VW intervening

[ironside_a]

It just blows me away that at a time when most companies have finally realized the incredible value of viral marketing, Ford is out there actively trying to STOP viral marketing from happening.

[Goldar's VW]

Quote, originally posted by vrDUCKin »

Very dumb There is a Mk4 fourm calendar for 2008, I dont think anyones worried about VW intervening

Ask VW parts suppliers what they think of VW. VW hates their fans, too...

[saron81]

Quote, originally posted by vrDUCKin »

Very dumb There is a Mk4 fourm calendar for 2008, I dont think anyones worried about VW intervening

Might want to watch what you roll your eyes at:
http://forums.vwvortex.com/zerothread?id=3627986

I'll bet Cafepress got in trouble for printing copyrighted/trademarked materials, and they're cracking down now.

[jamie@vwvortex]

Ironically I'm in the Ford booth at the Detroit Auto Show and asked one of the PR people about this and he said they "made it right" this morning and it won't be a problem for the club.

As an aside, I know that some of the manufacturers are using "bounty" law firms that look for this stuff and if they can find it they can get a piece of the settlement or a bounty from the manufacturer. I don't know why manufacturers would want to risk a PR disaster using these firms.

Anyway, sounds like Ford took care of this situation.

-jamie

[sciroccohal]

Yup...they don't yet realise that every 14 year old who buys the calendar... eventually turns into a potential buyer.

GM did the same thing with licensing...way overboard!

[VdubChaos]

Quote, originally posted by jamie@vwvortex »

Ironically I'm in the Ford booth at the Detroit Auto Show and asked one of the PR people about this and he said they "made it right" this morning and it won't be a problem for the club. As an aside, I know that some of the manufacturers are using "bounty" law firms that look for this stuff and if they can find it they can get a piece of the settlement or a bounty from the manufacturer. I don't know why manufacturers would want to risk a PR disaster using these firms. Anyway, sounds like Ford took care of this situation. -jamie

Good to hear

[ROCK AND ROLL CHEVY]

Racial discrimination, anyone?

[Ben010783]

Quote, originally posted by ROCK AND ROLL CHEVY »

Racial discrimination, anyone?

Am I the only one that thought it was a club of people with black Mustangs?

[Art Vandelay]

Quote, originally posted by Ben010783 »

Am I the only one that thought it was a club of people with black Mustangs?

It's not?

[ROCK AND ROLL CHEVY]

Quote, originally posted by Art Vandelay »

It's not?

Actually, it is

[StormChaser]

Yet another sign that Ford is a looser company going down in flames...attacking it's loyal customer base is jsut bad business. Old fashioned thinking, by an old fashioned company, one that much like the dinasaurs is dying off...and rightfully so. The ONLY appealing thing Ford has going for it is the Microsoft Sync thing, and that'snot enough to save them. They are in the throws of death, and deserve all the ba that is coming their way.

[saron81]

Quote, originally posted by StormChaser »

Yet another sign that Ford is a looser company going down in flames...YADA....YADA...YADA... and that'snot enough to save them. They are in the throws of death, and deserve all the ba that is coming their way.

This isn't Chrysler we're talking about... Ford's not going anywhere. I agree this is going to upset a few customers... but it's not going to drive them out of business.

[intercedeGLI]

Update.

Ford had an issue with the use of the Ford logo being attached to a product that they didn't endorse. It had *nothing* to do with the Mustang and the picture the owners took.

And no, our yearly calander doesn't have a Ford licensed logo. But we don't use the blue-oval in it, either.

My name is Whitney Drake and I work in Ford Communications.
We've been watching this discussion with interest and I'd like to
clarify what is essentially a misunderstanding.

Yesterday we spoke to both Cafe Press and the Black Mustang Club
and explained the situation (about the Black Mustang Club’s calendar) to everyone's satisfaction. 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.

Ford did not send the Black Mustang Club a “cease and desist” letter telling them that they could not use images of their own cars in their calendar. The decision not to allow the calendars to be printed was made by Cafe Press, because we had gotten in touch with them in the past about trademark infringements on products they sold.

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.

I think it is great that the Black Mustang Club, and any other enthusiast club, would take pictures of their own vehicles for use in calendars or other materials.

I'm looking forward to purchasing a copy to hang in the garage next
to my Mustang (even if mine isn't black).

Thanks for giving us the chance to have our say.