AAG Posted: 1/14/08 6:29PM

my moms 03 focus was the biggest P.O.S. ever. That thing has had every kind of problem you can think of since day 1.

#10 posted by halkun , January 13, 2008 11:13 PM

Nope, I'm afraid that Ford is right on this one. This has been address by them before, and here is a copy of the letter that was sent to another automotive club when they tried to publish calenders themselves.

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"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."

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In a nutshell, they were selling their trademark, which they must enforce or lose it. You notice they use the words "Goodwill". "Goodwill" is actually an accounting term, with a real monetary value behind it. It is the amount more the company is worth when adjusted for intangible assets, such as Intellectual Property. When the IP is infringed upon, the value of "Goodwill" goes down and the company loses perceived value.

Don't sell things trademarked by other people. That's really business 101 there.