You're probably wondering what this has to do with Xterras, but please bear with me.

The Black Mustang Club put together a 2008 calendar using members pictures. They arranged to sell these thru Cafepress, but when the suits at Ford got wind, they had 'em pulled. While I'll admit there might be some trademark issues at play, the assertion that Ford owns any pictures of its products are absurd.

Maybe we're fortunate that Nissan is more supportive of its customers.

Ford Slaps Brand Enthusiasts, Returns Love With Legal Punch:
http://www.adrants.com/2008/01/ford-slaps-brand-enthusiasts-returns.php

Ford: Car owners are pirates if they distribute pictures of their own cars:
http://www.boingboing.net/2008/01/13/ford-car-owners-are.html

Ford. Sometimes I think you want to fail!:
http://culturegarage.com/2008/01/11/ford-sometimes-i-think-you-want-to-fail/

Black Mustang Club calendar link:
http://www.bmcforums.com/showthread.php?t=42402

Wow. That is nuts.

Holy Crap!
I'm a member of that club (Black 06 Vert mustang).
Didn't realize there was such an issue.
The last thing Ford should be doing is screwing over their owners, more than the build quality of these cars. :rolleyes:

Yeah that sucks.
Jeep is kinda that way sometimes (remember when they tried to sue Hummer when the H2 came out with a 7 slot grill?). I've been surprised my Jeep club calendar hasn't caught flak.

They are causing problems due to the ford logo being shown in the pictures.
Copywrite infrigement?! WTF?!

I paid for the f-in car and it's badging, The title says my name on it, I'm using my camera.
So where does Ford come into play in this?!

Imagine if Nissan pulled the same $hit.
Wow. The photo/video forum would be censored to black out the badging.
And if you're offroading, it's even worse.

F#ckin morons don't know what good, free publicity is. Or maybe by doing this, they were actually thinking that it would benefit them, you know the whole, "bad publicity is good publicity."

Can't stand domestic companies.

I think they need to issue a few more "special limited edition mustangs", don't think they made enough, and I don't think the dealers are jacking up the prices enough. :rolleyes:

I hate to be the one to say this but ford is right dumb but right. If you are using their designs to make a for profit product without obtaining a license from them then you are infringing on their copyright.

This is deeper than just a calendar and has more to do with people using fords logo to make and sell products which resulted in ford sending a cease and desist letter to cafe press who is rightly scared shitless of the possible litigation that could occur and thus is playing it very safe when it comes to possible copyright infringement. Hence the removal of the calendar.

The whole thing smells like lawyers looking for anything to increase the billable hours and ford having their head firmly up there butt when it comes to enthusiasts wishing to fully enjoy their cars.

in the long run though, its probably more profitable to keep your mustang supporters happy, let them market your product with their calender, gain customers for life, type of mentality.

How much revenue would they really lose from calender profits versus losing profits from decreased customer support of the product? Dumb dumb indeed. Good luck Fordy, you guys are winners in my books

Black Mustang Owners Club as in you have to be black to join?

WTF - are there so many damn Mustangs out there now that they have to break it down by color? I think there are to many Solar Yellow X's - they'd better go start their own club!

Bet the ACLU would have a say if there was a White Mustang Owners club.

I can understand that point if the BMC used Licensed Ford images, NOT pictures that members took of THEIR OWN CARS.

So, if I used my Xterra for work, and I make money while using it, Does that mean that Nissan is entitled to the money I make?

I agree with the unlicenses aftermarket products sporting the Ford logo and all that crap.

But if they are arguing with people putting together a calender of photos from members of their rides and selling them, that is ridiculous.

Apparently this isn't just specific to Mustangs.
They have hit a lot of the Ford message boards as well.


Here comes Al Sharpton and Jesse Jackson.
I AM OUTRAGED!

It's apparently been resolved, and the calendar is being printed as is:

http://www.bmcforums.com/showthread.php?t=42820

From that thread:

"My name is Whitney Drake and I work in Ford Communications.
We've been watching this discussion with interest and I'd like to
clarify what is essentially a misunderstanding.

Yesterday 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.

Ford did not send the Black Mustang Club a “cease and desist” letter telling them that they could not use images of their own cars in their calendar. The decision not to allow the calendars to be printed was made by Cafe Press, because we had gotten in touch with them in the past about trademark infringements on products they sold."

No but if you used the image of your xterra in your company logo or a product without obtaining a license from Nissan to do so you have a very good chance of running into trouble with Nissan's legal department if you pop up on their radar

It's nice to see that ford has switched from breathing methane back to o2.

As an attorney who practices intellctual property law, it sure sounds like Ford was venturing out onto thin ice.

Upon the sale of a tradmarked product, the trademark rights are generally considered exhausted on the first sale of the specific item, and the trademark owner cannot preclude anyone from otherwise using that product even it bears the trademark. For example, if you buy a Nissan which has the Nissan logo, Nissan cannot claim its trademark restricts you ability to use or later sell that vehicle.

As for copyright, that belongs to the author of the work. Thus, if you were to take a picture of something, you are the one that owns the copyright to that picture. While you may not have an unrestricted right to take a picture of a copyrighted work, it seems extremely unlikely that Ford has a valid claim of copyright to its automobiles (copyright generally subsists only in works of authorship).

Ford would have had to make a great stretch to assert that the calendar was unfair competition. To do so, it would have to show that the club was passing the calendar off as something that was created or sponsored by Ford. Since it was apparently being sold by and through the club, that is quite a leap under the circumstances here; especially where the club and cafe press appear to have been very careful not to use the Ford logo on the calendar itself (outside of the pictures, as to which the trademark was exhausted). Ford would have to show that people would likely be confused as to the source of the calendar, a feat that might comparable to trying to show that people think an issue of Car and Drive comes from Ford because it shows a Ford car on the cover.

Its these types of over-reaching claims that help keep me in business.

k_enn

I've begun to notice that Ford is proud of their sh*t...just killed any interest I had in ever owning a Ford. F**k'em

I don't think any letters or lawsuits would have had anything to do with the actual pictures. Where the problem would be is if they actually take the Ford logo and put that somewhere in the Calendar. That is copyright infringement and can not be done. But I don't think there is anything that anyone can do if you take a picture of you and your vehicle and put it in a calendar that is for sale.