Bullitt 2597

http://www.boss302.com/board/viewthr...ID=2&TID=24067

Very disturbing. What's next Mustang clubs and web sites???

Contact Ford and let them know how you feel. http://www.customersaskford.com/agent.asp email is at the bottom.

TJ4Cam

Please say this isn't so!! Please!!!

TMSBrad

Galaxie

Ford was doing something similar in the early 90's as well

The shop called Legendary Motor Cars (home of Dream Car Garage and Sports Car Revolution) actually started out being called The Shelby Shop

199

is there an actual article that proves this??? just curious i would like to read more about it,, brad you should get the domain www.theponysource.com just in case.

Bullitt 2597

Here's the article they refer to in the thread.
http://www.recordnet.com/apps/pbcs.d...ONEY/605100302

MusicMan66

This is such B.S. "Mustang" cannot possibly be trademarked by Ford since it can refer to a horse, and a town (Mustang, OK in particular). This suit will go nowhere I assure you.

Bullitt 2597

Unfortunately it will go because no one has the dollars to challenge Ford. They have much deeper pockets than the little guys. And they are not claiming ALL Mustang trademarks just one pertaining to cars. You sell Mustang parts, you have it in your name and they want it off. There is a chance that if someone gets to court they can win.

"Key statutory fair use case, WCVB-TV v. Boston Athletic Association, 926 F.2d 42 (1st Cir. 1991), involved the use of the registered trademark BOSTON MARATHON by a television station in connection with its coverage of the event. This case highlights the importance of context in a fair use determination.

Without allowing others to use the term BOSTON MARATHON, it would be virtually impossible to describe the Boston Marathon—one could hardly call it "the 26 point 2 mile race run in Boston once a year."

The First Circuit found that the fair use defense was properly asserted, reasoning that the trademark was used primarily in a descriptive manner. Because of the "timing, meaning, context, intent, and surrounding circumstances," there was no likelihood of confusion.

[T]he words "Boston Marathon" . . . do more than call attention to Channel 5's program; they also describe the event that Channel 5 will broadcast. Common sense suggests (consistent with the record here) that a viewer who sees those words flash upon the screen will believe simply that Channel 5 will show, or is showing, or has shown, the marathon, not that Channel 5 has some special approval from the [trademark holder] to do so. In technical trademark jargon, the use of words for descriptive purposes is called a "fair use," and the law usually permits it even if the words themselves also constitute a trademark.
926 F.2d at 46."


But you have to make it to court. Ford is counting on these small companies just to roll over and pay up.

MY05GT

Motto....Get your info straight from the horses mouth.

199

now WTF are you talking about??

VistaMike

Keep in mind that General Motors was sued over the name Beretta by a gun manufacturer and lost!

MY05GT

Calm down dude. I was saying that IF he changed the address (as quoted ) to " ThePonySource.com " he could use the aforementioned slogan.

05GT-O.C.D.

This site does nothing but help spur more Mustang sales. Ford would be stupid as Hell to shut it down.

199

sorry man,, my bad i missunderstood u, i didn't get what you ment,,

199

Brad you better watch your back,, you’ve got some competition, remember a few days back I suggested you register www.theponysource.com well guess what some one did register it,, I did a little digging since I was curious who registered the domain days after my suggestion, and guess who registered it, Warner Robert Group, now who are they I asked my self and why would they register that domain.?? Did a little more digging and Well there contact is was **********@warnerrobert.com so I went to there site http://www.warnerrobert.com/ guess what I found at Warner Robert Publications they are the owners of these sites,
Web-based Publications:
• BlueOvalNews
• BlueOvalForums
• FusionUnleashed
• DodgeUnleashed
• StangsUnleashed
• TheGT500Source

Now I could have done something simpler by just typing in www.theponysource.com (which redirects you to StangsUnleashed) but I didn’t expect it to be registered, of if was it would have been by you Brad.

Anyways,, just wanted to inform you with this info,,




Now don’t get me wrong I like StangsUnleashed news and pics,, but imo this was cheapshot



---------------------------------------------------
Registrant:
Warner Robert Group

pob XXX
XXXXXXXX, Michigan XXXXX
United States

Registered through: GoDaddy.com (http://www.godaddy.com)
Domain Name: THEPONYSOURCE.COM
Created on: 13-May-06
Expires on: 14-May-07
Last Updated on: 13-May-06

Administrative Contact:
XXXXXXX, XXXXX XXXXX@warnerrobert.com
pob XXX
XXXXXXXX, Michigan XXXXX
United States
(313) XXX-XXXX

Technical Contact:
XXXXXXX, XXXXX XXXXX@warnerrobert.com
pob XXX
XXXXXXXX, Michigan XXXXX
United States
(313) XXX-XXXX

Domain servers in listed order:
PARK27.SECURESERVER.NET
PARK28.SECURESERVER.NET


Registry Status: REGISTRAR-LOCK
Registry Status: clientDeleteProhibited
Registry Status: clientUpdateProhibited
Registry Status: clientTransferProhibited
Registry Status: clientRenewProhibited
---------------------------------------------------

MY05GT

I checked it when you mentioned it and at that time it was unused. Apparently it was a great idea and someone is reading these forums.

Epperstang

Actually changing any Mustang name to Pony or Stang won't keep you out of the threatened suit discussed above. Ford trademarked those also according to Donald Farr who spoke to the attorneys in these cases. He goes into detail on the Boss302 forums.
It sucks for anyone who ever cared about Mustangs as a hobby. Ford hates it greatest supporters, it appears.
Write letters!
J.

hi5.0

Yeah, great! Is this one of Ford's "Bold Moves"? Too bad Ford has to resort to this tactic to partially make up for its recent losses. Why risk alienating those who in some way support "the car" (can't use the M-word!) and by extension, the company itself...? Are they trying to get nuts like a certain fast-food chain trademarking the "Em and cee"? Why doesn't Ford spend time making its cars better than the competition so this means of scrambling for every last cent is not necessary? I guess any school team with this M-word has to change the team name as well? Silly.

mustangjack

Ford doesn't care about the customers and supporters.

Last year they set up with the "Great American Pony Drive" to build cars for members that they could watch being built and then pick them up at the Flat Rock Ford dealer. They were to recieve a special badge and would be bought at x plan pricing. About a month or so before it was to happen, and after they received orders for, I believe, about 100 cars, they pulled the plug entirely. No cars, no x plan, no tour.

What better way to promote their cars but to have 100 of them caravaning accoss the country, but they didn't care. They were getting press at every stop, but Ford doesn't care.

They also demostrated their lack of concern when a lot of us were getting feed up waiting months for our cars in the north and they shipped cars to large dealers in the south every day.

I have an accessories business myself, that has Mustang in the name, and am getting tired of getting dis'd at every turn for helping promote the hobby and their cars.

KdF

Volkswagen USA did the same thing 2 years ago concerning anything to do with the name Volkswagen or Beetle.

Ran a bunch of people out of buissness.

Yes , they won.