Mustang Trademark Suit
#1
Mustang Trademark Suit
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.
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.
#4
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
The shop called Legendary Motor Cars (home of Dream Car Garage and Sports Car Revolution) actually started out being called The Shelby Shop
#5
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.
#6
Here's the article they refer to in the thread.
http://www.recordnet.com/apps/pbcs.d...ONEY/605100302
http://www.recordnet.com/apps/pbcs.d...ONEY/605100302
#7
Mach 1 Member
Join Date: October 17, 2005
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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.
#8
Originally Posted by HadAStang
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.
"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.
#9
Originally Posted by 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.
#12
Originally Posted by 199
now WTF are you talking about??
#14
Originally Posted by MY05GT
Calm down dude. I was saying that IF he changed the address (as quoted ) to " ThePonySource.com " he could use the aforementioned slogan.
#15
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
---------------------------------------------------
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
---------------------------------------------------
#17
Not a solution
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.
It sucks for anyone who ever cared about Mustangs as a hobby. Ford hates it greatest supporters, it appears.
Write letters!
J.
#18
FR500 Member
Join Date: August 15, 2005
Location: Honolulu
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Originally Posted by 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.
It sucks for anyone who ever cared about Mustangs as a hobby. Ford hates it greatest supporters, it appears.
Write letters!
J.
#19
Bullitt Member
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.
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.