Mustang Trademark Suit
#21
Bow Chica Bow Wow
TMS Staff
TMS Staff
yeah it's seems a shame that ford is taking out people and business that only give them free press. It's very very short sighted IMO.
It always ends up being a war of attricion with these kinds of cases and a big company like for will always win..they have more money and will just throw it at the lawyers. The one with the most money wins.
It always ends up being a war of attricion with these kinds of cases and a big company like for will always win..they have more money and will just throw it at the lawyers. The one with the most money wins.
#24
Legacy TMS Member
I have contacted Ford in the past with regards to using a Pony logo for a local club. The people at Ford where very willing to allow us to use a logo, provided they approved it first. There was no cost for the application either.
Guess it just comes down to courtsey by asking.
Guess it just comes down to courtsey by asking.
#27
Stand Up
Show our disdain for this.
Write Ford sign petitions leave messages.
Anywhere you find them.
http://www.petitiononline.com/65must65/petition.html
https://secure.ford.com/en/support/emailUs.htm
Write Ford sign petitions leave messages.
Anywhere you find them.
http://www.petitiononline.com/65must65/petition.html
https://secure.ford.com/en/support/emailUs.htm
#29
I just can't understand Ford's logic here. The reason the Mustang is as popular as it is, is because of its aftermarket support -- as stated in the article -- there is no way the '05 Mustang would have been such a successful launch without strong aftermarket support. Ford new this, and gave select companies cars to modify so it could give a strong showing of aftermarket support right from the beginning.
Now, they are trying to punish all the companies that helped make the Mustang name what it is? Every time a person looks for Mustang parts, or gets a catalog with the Mustang name on it -- it reinforces the Mustang brand (marketing 101). Now, they want to remove that from the marketplace altogether? If they are successful, it would only weaken the brand they say they are trying to protect. That's laywer-logic for you.
And, just to up the obsurdity, they are throwing in "'Stang" and "Pony." The term "pony car" is generic for a type of vehicle, so how can they claim ownership of that?
Also, I am no lawyer, but how is it intellectual property anyway? Trademarks are by industry, right? None of these companies are selling cars -- only parts. How is that infringing on Ford's business of selling cars?
Now, they are trying to punish all the companies that helped make the Mustang name what it is? Every time a person looks for Mustang parts, or gets a catalog with the Mustang name on it -- it reinforces the Mustang brand (marketing 101). Now, they want to remove that from the marketplace altogether? If they are successful, it would only weaken the brand they say they are trying to protect. That's laywer-logic for you.
And, just to up the obsurdity, they are throwing in "'Stang" and "Pony." The term "pony car" is generic for a type of vehicle, so how can they claim ownership of that?
Also, I am no lawyer, but how is it intellectual property anyway? Trademarks are by industry, right? None of these companies are selling cars -- only parts. How is that infringing on Ford's business of selling cars?
#30
When you search for a free URL on any number of domain registrars, cybersquatters may have a means of snagging them. There was an article up on Wired a few weeks ago that spoke of this issue. So searching for free URL's can also be problematic.
I agree, Brad, you should probably have a neutral URL reserved to fall back to if you receive a letter.
P.S. - Yes, I have been lurking for a *long* time.
I agree, Brad, you should probably have a neutral URL reserved to fall back to if you receive a letter.
P.S. - Yes, I have been lurking for a *long* time.
#31
Here is a comment from Mustangs Plus owner Brad Bramlett.
Pretty kewl guy.
From FordMuscle's web page:
This is Ron Bramlett, President of Mustangs Plus in Stockton, California. I have been reading the comments here at www.fordmuscle.com and would like to add a couple of thoughts. First of all, all of us at Mustangs Plus would like to say Thank You for getting involved. It’s so easy to read something like this and say, Gee, that’s too bad. But we’ve received letters and emails from so many people that it is immpossible to respond to all of them separtately which means that a lot of hobbiest are aware of what’s going on. We hope all of you know we appreciate your support and well wishes. Now, on to the problem at hand.
We hope that this trademark problem is just a lack of communacation between Ford Upper Management and the law firm they have hired. We have been unsuccessful in talking to anyone at Ford who has the horsepower, no pun intended, to resolve this issue with us. That is, unless we want to admit to Ford that we have damaged them by using Mustang in our business name for over 25 years and send them a cashiers check for $10,000 and sign a form admiting such which would give them the right to still sue us in the future. It’s not likely that we will ever agree to that!
We, in no way, feel that we have damaged Ford Motor Company by spending millions of dollars to promote the Mustang name. But we do feel that by allowing us to use the Mustang name for 25 years and then abruptly forcing us to stop using it, Ford has really damaged us. But it’s not just us at Mustangs Plus who are going to be hurt. Since the 1970’s, there are thousands of small Mustang, Bronco, Thunderbird, F-100, you name it, Ford shops owners all over the world who have spent years building their business. And now, at a time when many of them are getting older and starting to think of retiring and selling their business, Ford starts sending out these letters. It has an effect that is heartless.
As soon as a business gets one of these letters, the value of that business drops like a rock, again, no pun intended. Stop and think about it. You’re interested in buying The Mustang Parts Store that has been in business for years and years. You’ve seen their ads, heard people talk about the business by name, The Mustang Parts Store, and formed an opinion that you would like to own that business. You and the owner agree on a price for you to take over the business. But, the day the sale is to go through, the seller tells you that you can’t call it The Mustang Parts Store as it has been called and advertised for all these years. But, you can call it The Parts Store. Now, I ask you. Are you going to be willing to pay the same amount of money for it now, knowing that you can’t use Mustang in the name, as you agreed to pay for it with the Mustang in the name? Of corse not and this is the problem. This is what thousands of small business owners will face if Ford is really serious about enforcing this idea. With the value gone from their business, how will these small businesses secure loans to stay in business? How will they advertise to bring Mustang or other Ford trademarked models to their specific business without spending many times more in advertising to do so? If Ford pursues this action, it will have a very negative effect on a lot of Ford related speciality businesses. Honestly, I really don’t see Ford wanting to do that. In my opinion, it is absolutely one of the worst ideas in the history of the automobile. I almost believe square wheels would make more sense!
At Mustangs Plus, we have never tried to have anyone believe we are Ford Motor Company. Mustang in our name, as with thousands of other businesses, is purely a descriptive word. And Ford has been aware of our company for years. We’ve bought millions of dollars of Ford parts from Ford to sell to our customers. We offer a lot of Ford Authorized Products to our customers. Ford even advertises our name for us!
As far as we’re concerned, we’ve had a very good relationship that has benifited Ford as well as Mustangs Plus. Until now, Ford has never said we’ve damaged them. And, in all honestly, it’s not even Ford who is saying it. It’s a law firm that someone at Ford has hired.
As for our desire to be reasonable with Ford, Ford has never offered us the possibility of paying a fee to license us to use Mustang in our name. In fact, one of their people has declined to me personally the possibility of that happening. I’m hopefull that he is overruled by someone further up the Ford ladder. If anyone at Ford Motor Company is reading this and would like to talk to me about it, I would really like to hear from you.
Add to all this, Ford’s law firm has told at least one magazine editor and newspaper reporter that the magazines and clubs are next. Let’s assume it’s true. Why in the world would Ford let them say it? Wouldn’t Ford want to get one problem under control instead of creating two more? The magazines and clubs would assume that they would never be targets. But then Ford’s lawyers tell them otherwise? It just doesn’t make any sense. When you add all of these things up, it’s hard for me to beleive that Ford Upper Management knows a whole lot of what is really happening.
One other thing to consider. If people stop buying Ford products and supporting Ford magazines and clubs, in the long run it will hurt the very people who Ford is hurting now. As I stated above. I’m not sure that Ford Upper Management really knows what’s happening. So let’s hold off on condemning Ford Motor Company as a whole until someone high up at Ford comes out and gives us a reason to. If they do, then we’ll all know it’s not just a hired law firm overstepping their bounds.
Until then, keep those letters going to Ford and let’s let them hear the voices of the people who have kept their brands alive! Again, all of us at Mustangs Plus would like to say Thank You for all the support and well wishes we’ve received.
Ron Bramlett
President, Mustangs Plus
Pretty kewl guy.
From FordMuscle's web page:
This is Ron Bramlett, President of Mustangs Plus in Stockton, California. I have been reading the comments here at www.fordmuscle.com and would like to add a couple of thoughts. First of all, all of us at Mustangs Plus would like to say Thank You for getting involved. It’s so easy to read something like this and say, Gee, that’s too bad. But we’ve received letters and emails from so many people that it is immpossible to respond to all of them separtately which means that a lot of hobbiest are aware of what’s going on. We hope all of you know we appreciate your support and well wishes. Now, on to the problem at hand.
We hope that this trademark problem is just a lack of communacation between Ford Upper Management and the law firm they have hired. We have been unsuccessful in talking to anyone at Ford who has the horsepower, no pun intended, to resolve this issue with us. That is, unless we want to admit to Ford that we have damaged them by using Mustang in our business name for over 25 years and send them a cashiers check for $10,000 and sign a form admiting such which would give them the right to still sue us in the future. It’s not likely that we will ever agree to that!
We, in no way, feel that we have damaged Ford Motor Company by spending millions of dollars to promote the Mustang name. But we do feel that by allowing us to use the Mustang name for 25 years and then abruptly forcing us to stop using it, Ford has really damaged us. But it’s not just us at Mustangs Plus who are going to be hurt. Since the 1970’s, there are thousands of small Mustang, Bronco, Thunderbird, F-100, you name it, Ford shops owners all over the world who have spent years building their business. And now, at a time when many of them are getting older and starting to think of retiring and selling their business, Ford starts sending out these letters. It has an effect that is heartless.
As soon as a business gets one of these letters, the value of that business drops like a rock, again, no pun intended. Stop and think about it. You’re interested in buying The Mustang Parts Store that has been in business for years and years. You’ve seen their ads, heard people talk about the business by name, The Mustang Parts Store, and formed an opinion that you would like to own that business. You and the owner agree on a price for you to take over the business. But, the day the sale is to go through, the seller tells you that you can’t call it The Mustang Parts Store as it has been called and advertised for all these years. But, you can call it The Parts Store. Now, I ask you. Are you going to be willing to pay the same amount of money for it now, knowing that you can’t use Mustang in the name, as you agreed to pay for it with the Mustang in the name? Of corse not and this is the problem. This is what thousands of small business owners will face if Ford is really serious about enforcing this idea. With the value gone from their business, how will these small businesses secure loans to stay in business? How will they advertise to bring Mustang or other Ford trademarked models to their specific business without spending many times more in advertising to do so? If Ford pursues this action, it will have a very negative effect on a lot of Ford related speciality businesses. Honestly, I really don’t see Ford wanting to do that. In my opinion, it is absolutely one of the worst ideas in the history of the automobile. I almost believe square wheels would make more sense!
At Mustangs Plus, we have never tried to have anyone believe we are Ford Motor Company. Mustang in our name, as with thousands of other businesses, is purely a descriptive word. And Ford has been aware of our company for years. We’ve bought millions of dollars of Ford parts from Ford to sell to our customers. We offer a lot of Ford Authorized Products to our customers. Ford even advertises our name for us!
As far as we’re concerned, we’ve had a very good relationship that has benifited Ford as well as Mustangs Plus. Until now, Ford has never said we’ve damaged them. And, in all honestly, it’s not even Ford who is saying it. It’s a law firm that someone at Ford has hired.
As for our desire to be reasonable with Ford, Ford has never offered us the possibility of paying a fee to license us to use Mustang in our name. In fact, one of their people has declined to me personally the possibility of that happening. I’m hopefull that he is overruled by someone further up the Ford ladder. If anyone at Ford Motor Company is reading this and would like to talk to me about it, I would really like to hear from you.
Add to all this, Ford’s law firm has told at least one magazine editor and newspaper reporter that the magazines and clubs are next. Let’s assume it’s true. Why in the world would Ford let them say it? Wouldn’t Ford want to get one problem under control instead of creating two more? The magazines and clubs would assume that they would never be targets. But then Ford’s lawyers tell them otherwise? It just doesn’t make any sense. When you add all of these things up, it’s hard for me to beleive that Ford Upper Management knows a whole lot of what is really happening.
One other thing to consider. If people stop buying Ford products and supporting Ford magazines and clubs, in the long run it will hurt the very people who Ford is hurting now. As I stated above. I’m not sure that Ford Upper Management really knows what’s happening. So let’s hold off on condemning Ford Motor Company as a whole until someone high up at Ford comes out and gives us a reason to. If they do, then we’ll all know it’s not just a hired law firm overstepping their bounds.
Until then, keep those letters going to Ford and let’s let them hear the voices of the people who have kept their brands alive! Again, all of us at Mustangs Plus would like to say Thank You for all the support and well wishes we’ve received.
Ron Bramlett
President, Mustangs Plus
#32
Dethroned Nascar Guru
So what's going to happen to MMFF, Mustang Enthusiast, 5.0 Mustang, Modified Mustangs and all the other "Mustang" mags? This really seems ridiculous. What's next? The US govt will have to rename the P-51, Mustang dynameters will have to change their name and what about the Mustang Ranch?
#33
Bottom line, & this seems to be Fords reason for this action. Has anyone here bought anything from Mustang Station, Mustangs To A Limit, Chattanooga Mustangs, Beavis & Butthead's Mustang Shop (all fake names, don't know if I'm permitted to plug actual) and actually thought they were officially related to Ford? (Well, maybe Butthead) Some of what they sell is officially licensed by Ford such as calendars, books & jewelery. So Ford will loose that outlet if they put some of these folks out of business.
#34
This is crazy I can't believe I'm reading this crap again in a different industry. This happened a few years ago in the electric guitar industry, namely Gibson suing PRS because they sold a similar looking model guitar shape, but clearly anybody with A BRAIN in their head could figure out it obviously was not a Gibson. And anybody with a BRAIN could figure out the real reason was because Gibson wanted to shove PRS out of business. I could've strangled the CEO from Gibson, stupid money grubbing CEO...
No offense to any working class lawyers out there, but this kind of junk seems to come from hotshot law firms trying to make a name for themselves and retire early off the backs of hard working middle class business owners by suing over nebulous claims regarding "trademark" or "copyright" infringement.
Win or lose the case, the lawyers will still get paid big bucks. Thats all they care about in the end. And their vacation in Martha's Vineyard.
No offense to any working class lawyers out there, but this kind of junk seems to come from hotshot law firms trying to make a name for themselves and retire early off the backs of hard working middle class business owners by suing over nebulous claims regarding "trademark" or "copyright" infringement.
Win or lose the case, the lawyers will still get paid big bucks. Thats all they care about in the end. And their vacation in Martha's Vineyard.
#35
BOLD MOVES!
First Kzinti, now this crap, is "The Mustang Source" next? I guess those idiots at Ford have no idea what good all of the hype around the Mustang name does for their sales. How can they not realize the effect of all of this free advertising for them. No wonder they are in such trouble.
Doesn't Brad have any contacts at Ford that can set this straight?
First Kzinti, now this crap, is "The Mustang Source" next? I guess those idiots at Ford have no idea what good all of the hype around the Mustang name does for their sales. How can they not realize the effect of all of this free advertising for them. No wonder they are in such trouble.
Doesn't Brad have any contacts at Ford that can set this straight?
#36
Shelby GT500 Member
Join Date: April 13, 2006
Location: McAllen, Texas
Posts: 2,752
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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.
#37
Shelby GT500 Member
Join Date: April 13, 2006
Location: McAllen, Texas
Posts: 2,752
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Originally Posted by topgun
BOLD MOVES!
First Kzinti, now this crap, is "The Mustang Source" next? I guess those idiots at Ford have no idea what good all of the hype around the Mustang name does for their sales. How can they not realize the effect of all of this free advertising for them. No wonder they are in such trouble.
Doesn't Brad have any contacts at Ford that can set this straight?
First Kzinti, now this crap, is "The Mustang Source" next? I guess those idiots at Ford have no idea what good all of the hype around the Mustang name does for their sales. How can they not realize the effect of all of this free advertising for them. No wonder they are in such trouble.
Doesn't Brad have any contacts at Ford that can set this straight?
YOU MONSTER BILL FORD. WHAT HAVE YOU DONE.
BY THE WAY, FIRE YOU'RE MUSTANG HATING COUSIN THAT WORKS FOR YOU.
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