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A recent controversy between Ford and fans of their Mustang line highlighted the need to balance protectiveness over their trademark with common sense. According to some Mustang fans, Ford recently chose to ignore a golden opportunity to promote their Mustang line, choosing instead to create bad publicity for the company—and all over a silly thing like a collectors' calendar. But a caution: Don't prejudge this issue until you read this entire article.
Toward the end of 2007, Cafepress, contacted the Black Mustang Club about a calendar they were producing in their CafePress online store. Apparently the calendar contained pictures submitted by Black Mustang Club members of their own black Ford Mustangs. They planned to sell these calendars—of their own personally owned property, mind you — to interested buyers. This was where the Ford attorneys — and bad judgment—stepped in. They contacted the club and warned them that they were infringing on Ford's trademark. Here's how this apparently went down.
According to the Black Mustang Club website, a law firm representing Ford called CafePress and told them that the calendar photos, as well as their event logos, or anything with a Mustang in it, infringed on Ford's trademarks. As a result, they told their disappointed members that they would not be producing the 2008 BMC Calendar. The website said Ford claimed ownership to the photos that these members had taken of their own cars.
Or so it seemed. But now, as Paul Harvey would say, “the rest of the story.” The website “Consumerist” heard about this issue, and passed information on to Whitney Drake from Ford's Communications department. And according to Ms. Drake, Ford was not so stubborn as it had appeared. According to Ms. Drake's letter:
“. . . 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.”
So it seems that, in reality, the Ford Motor Company never sent the Black Mustang Club a "cease and desist" letter. They never instructed members not to use pictures of their own cars for their own club calendar or any other club merchandise. Ford claimed—and it seems they're correct—that Cafepress decided not to produce the calendars because Ford had scalded them over incorrect use of their logos in the past on products that they sold.
So now, at the end of the day, members of the Black Mustang Club or any other club, are permitted to take pictures of the vehicles they have bought with their own money, for use in their own materials. They just can't infringe on company logos for monetary gain.
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