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Ford owns your pictures of your Ford

Discussion in 'The Hokey Ass Message Board' started by a lost cause, Jan 14, 2008.

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  1. a lost cause
    Joined: Apr 30, 2004
    Posts: 98

    a lost cause
    Member
    from Alameda CA

    Sorry if htis has already been brought up I didn't see a thread doing a quick search.

    "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."

    Original post here.

    So if Ford can go after The Black Mustang Club, can they also come after the HAMB?
     
  2. Hillbilly Werewolf
    Joined: Dec 13, 2007
    Posts: 510

    Hillbilly Werewolf
    Member

    Does this sort of thing REALLY stand up in court? It seems like total bull shit to me.
     
  3. Sounds like BS to me also,,,HRP
     
  4. bulletproof1
    Joined: Feb 23, 2004
    Posts: 2,079

    bulletproof1
    Member
    from tulsa okla

    it doesnt have to stand up in court .FORD has enough money and lawyers to to do about anything they want...think ma&pa shops could take them on?
     

  5. eaglebeak
    Joined: Sep 17, 2007
    Posts: 1,271

    eaglebeak
    Member

    What are they going to do about all the movies made with Fords in them?
    The movies were made for profit.
    I don't think this one will fly.
     
  6. Hillbilly Werewolf
    Joined: Dec 13, 2007
    Posts: 510

    Hillbilly Werewolf
    Member


    Sad, but true...

    What I don't understand is what ford is trying to accomplish with this. Most Americans already know modern fords suck. thats why they drive toyotas.
     
  7. blown49
    Joined: Jul 25, 2004
    Posts: 2,212

    blown49
    Member Emeritus

    I was wondering about this when the post about the V8 symbol was posted on here last week.
     
  8. AZAV8
    Joined: May 3, 2005
    Posts: 997

    AZAV8
    Member
    from Tucson, AZ

    The way that Congress has modified and IMHO, fouled up the copyright laws in recent years, Ford can say this and probably get away with it. It will most likely stand up in some Federal court and then take years for it to get sorted out in the various Federal Circuit Courts and eventually the Supreme Court. And it will take several lawsuits and cases for this to get worked out.

    What Ford is doing is, IMHO, extreme and goes way beyond what the Founding Fathers had intended with the copyright and patent protections in the Constitution.

    And that's all I'm going to say, because this is getting into politics and Ryan doesn't like political discussions. Suffice it to say, that if I want to sell picutures of my modified Ford, I will. Its no longer as Ford designed it, its now my "creative" production, and they can't lay claim to it.
     
  9. THE SKY IS FALLIN',,,THE SKY IS FALLIN',,,,CHICKEN LITTLE,,

    All this from a nurd site,,,,:rolleyes::confused::mad::eek: HRP
     
  10. chopped
    Joined: Dec 9, 2004
    Posts: 2,139

    chopped
    Member

    So where is this story supposed to have come from?
     
  11. haroldd1963
    Joined: Oct 15, 2007
    Posts: 1,153

    haroldd1963
    Member
    from Peru, IL

    My father and I owned a Ford Dealership up until a couple of years ago. I remember receiving a letter from Ford Motor Company prohibiting us, or anyone else, from selling any type of promotional or advertising materials on eBay.
     
  12. The problem here is Cafepress.

    The Model 'A' message board www.ahooga.com also had a calender through Cafepress and were informed that they were not allowed to use "Ford" in any context.

    I believe they came to the conclusion that it is just hot air and will be going through another printer in the future for there calenders.
     
  13. Ford needs to get it's head out of it's hind quarters (as my dad would say)!\

    I remember reading an article on this when the big companies started going after the plastic model makers. There was also mention in the article about how Boeing GAVE Monogram it's plans for the B-17 in order for the model to be accurate and how GM PAID Lionel to produce the 2333 Santa Fe F3 diesel in the 50's...

    My how times have changed.
     
  14. AZAV8
    Joined: May 3, 2005
    Posts: 997

    AZAV8
    Member
    from Tucson, AZ

    Most of the time Ford paid money to the movie producers to "place" the Ford product in the film for the multi-million eyes that will "see" the product. It used to be that movie producers hid the product names in movies, now they generate extra revenue by showing the product names for the product "advertising". It's all a money game. Like the saying goes: Follow the money.
     
  15. Von Rigg Fink
    Joined: Jun 11, 2007
    Posts: 13,404

    Von Rigg Fink
    Member
    from Garage

    well there goes my avitar...Ha!
    when they pay for my cars, than they can tell me what to do with them.
     
  16. SinisterCustom
    Joined: Feb 18, 2004
    Posts: 8,277

    SinisterCustom
    Member

    The title of this thread is misleading........
    Ford does not own my pictures.....they own the trademark of the Ford emblem IN MY pictures. And if I were to SELL my pictures as pictures of FORDS, without a letter from them saying OK, then yeah, I'm breaking the law, I guess......this is geared more towards actual businesses selling merchanise with the Ford logo without authorization....they don't want CRAP with their name on it.

    A freind has a sign business and makes vintage dealer signs, getting permission from some manufactures is no big deal, others is more hassle than it's worth.
     
  17. converseandbowlingshirts
    Joined: Nov 10, 2006
    Posts: 556

    converseandbowlingshirts
    Member
    from Eugene, OR

    All designs are copyrighted at creation, including buildings and cars. The copyright holder has the power to enforce the copyright or not. This is a case where "or not" should prevail. In defense of Ford, maybe the quality of the Mustang calendar really sucks so badly that Ford is trying to distance themselves from it.
     
  18. 1950ChevySuburban
    Joined: Dec 20, 2006
    Posts: 6,187

    1950ChevySuburban
    Member Emeritus
    from Tucson AZ

    They can say what they want, but a law is no good if its unenforceable.
    They want to own my Model A pics? FINE, but I own the dents and scratches, so they can give me 10%
     
  19. eaglebeak
    Joined: Sep 17, 2007
    Posts: 1,271

    eaglebeak
    Member

    It says "Ford trademark" not pictures of cars.
    I think this is to stop people from making junk copies of Ford parts and labeling them with Ford logos. Or, even putting junk parts in bags with the Ford logo.
    It has nothing to do with photos of cars.
     
  20. Choptop
    Joined: Jun 19, 2001
    Posts: 3,303

    Choptop
    Member

    huh... tell it to any Mustang parts store that has been told they have to change their name. Its real, and its real money at stake. Perhaps not YOUR money, buts its a real enough issue to the people involved.
     
  21. ALindustrial
    Joined: Aug 7, 2007
    Posts: 852

    ALindustrial
    Member

    thats why alan owns a dodge... and a chevy... that is bullshit!
     
  22. Choptop
    Joined: Jun 19, 2001
    Posts: 3,303

    Choptop
    Member

    thats a pretty good angle. The Club should turn around and sue Ford for advertising revenue.
     
  23. This is not BS, Ford made Obsolete Auto Parts in Oklahoma City stop using the Ford name and other trademarked logos a few years ago. They had permission and written documentation from Ford from years ago and it was rescinded. If you remember their company name used to be Obsolete Ford...

    Shoebox Ford had to take a picture off their website recently because the picture (off a model car box I believe) violated the copyright rules. They were contatcted by the copyright owner about it.
     
  24. KATFISH
    Joined: Aug 9, 2004
    Posts: 662

    KATFISH
    Member

    Next they will want to prevent us from modifying anything
    on our (or is it Thier car's)
     
  25. haroldd1963
    Joined: Oct 15, 2007
    Posts: 1,153

    haroldd1963
    Member
    from Peru, IL

  26. jonny o
    Joined: Oct 26, 2007
    Posts: 836

    jonny o
    Member

    Reminds me about some hubub here in Cleveland... when the Rock Hall started pitching a fit about others using the image of the exterior of the building. For instance, getting pissed if you had a broad pic of the city with the apparently copywritable or trademarkable design of the exterior.
     
  27. CARGUY24
    Joined: Jan 13, 2008
    Posts: 13

    CARGUY24
    Member

    Ford won't be in business long enough to make problems......
     
  28. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,791

    tfeverfred
    Member Emeritus

    I love it! Considering that Ford is one step away from being bought out by Toyota or that company in India that's trying to make a cheap car, they should think ANY photo of their car not on a tow truck would be a damn blessing. Maybe if they concentrated on making a car that would sell, they wouldn't have time to pay suits to look for copyright infringements.

    Yea, a calander portraying Ford in a positive light, pisses them off?:confused: NIHAMA!?
     
  29. I Drag
    Joined: Apr 11, 2007
    Posts: 883

    I Drag
    Member

    "Rearranging the deck chairs on the Titanic"


    Geez, hope I don't get a cease and desist order from White Star Lines...
     
  30. Mazooma1
    Joined: Jun 5, 2007
    Posts: 13,598

    Mazooma1
    Member

    So, if the cops use Photo-Radar to take my photo while running a red light in a Mustang, then the cops will get sued by Ford?

    This is the dumbest thing I've ever heard.
    ........BULLSHIT!
     
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