BMC Calendar, Cafepress & Ford's Rights to Our Vehicle Images

[Lisa]

Since the original thread on this topic has gotten so large and hard to view, I thought now would be a good time to close that one down and create a new one, along with an update and status on this. So, whether you've been following the original thread (click here to view) or are seeing this for the first time, here is a recap of what has happened, along with my goals for the situation.

Recap & Time Line

• For the past 2+ years
  • We've been using Cafepress to print BMC logo gear and materials using incorporated photos of the club mascot car, Danni.
• December 2007
  • The BMC Graphics Team created 13 calendar images for our 2008 Member of the Month calendar. All 12 members honored gave consent to the use of their car's photos as did the photographers.
• January 5, 2008
  • I uploaded the above-mentioned calendar pages to our Cafepress account and set up the 2008 BMC Calendar ft. the Members of the Month.
• January 5-6, 2008
  • Nine (9) calendars were ordered through Cafepress by BMC members.
• January 9, 2008
  • Cafepress inconsistently removed 90 (of 197) images we had uploaded to our account, including the 2008 and 2007 calendar images, BMC logos incorporating Danni, various individual car photos and even some Mopar photos we took of our cars.
  • Cafepress did not notify me. I found out from research performed when a member was unable to order the calendar
  • Upon inquiring about this, a Cafepress representative informed me that ...
    "Susette van der Beek on behalf of Ford Motor Company provided us with a notice stating that your use of Ford’s trademarks, including images of their vehicles, infringes upon their intellectual property rights (trademark/trade dress/copyright).
    "Accordingly, we have set the content that is alleged to infringe the rights of the third party to “pending status” which disables said content from being displayed in your shop or purchased by the public.
    "If you believe that you hold the rights to the content alleged to infringe the rights of the third party, we encourage you to contact the alleged rights holder directly for a resolution to this matter."
• January 9, 2008 - Present
  • I've been researching this, seeking case law, and working with our patent/trademark specialist attorney to carve out a plan.
  • I and/or our attorney will be in touch with Ford and/or Ford's attorneys this week to begin discussions about this and establish line of communication between Ford and BMC. Ideally, we will achieve clarity on the concern held by Ford receive their approval to use photos of personal vehicles, primarily in our calendar and club gear.

As stated above, I've been in communication with our attorney (specialist in the patent/trademark area) and I'll be working with her throughout this effort, both in my communications with Ford and should she step in to handle this for us. She is extremely knowledgeable about these matters and has been our counsel in the past, so I am confident we will resolve this satisfactorily for everyone.

Please feel free to continue to discuss this and I will be sure to keep you updated as I have more news. Thank you to all the BMC members, and all the new members and supporters who have joined in the last few days to show support. We are going to work hard on this for the BMC and all the other enthusiasts out there!

Thanks,
Lisa.

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[Aurian]

I'm still pissed that Ford would do that. Who do they think they are....

[Special Fred]

We're all pulling for you Lisa! Long live BMC.:biggrinne

[Mikey]

Thanks for all the hard work you do every day for us Lisa!! It REALLY appreciated

[thnkagn]

I read about this happening 2 years ago to after market parts retailers, they even had to change the name of thier company. I wonder if the MCA will have to change also, this is sickening! Maybe I will go buy a camaro since chevy isn't so greedy as to condemn the use of the english...not ford name...mustang which may I add ford stole from the aircraft manufacturer after WWII. Remember the P-51's?

[theTupper]

Thanks, Lisa, for taking the ball and running with it. While you thank us constantly for being a part of the club, the truth of the matter is this: without you holding the reigns, all these ponies would be roaming free. We're here because of you.

Keep it up and we're all pulling for (with?) you.

[myst1c]

Way to go and keep up the good work. I'm sure you'll b able to figure all of this out, Lisa! And like any other family, the BMC-family sticks together and support each other

[Dr. SVO]

Thank you Lisa!!! We're all in this together.

[98blkstang]

This is a fight I'm sure BMC can't lose..... we won't allow it.

[The Guardian]

Thank you Lisa for the update.

[Lisa]

For anyone who has posted about this on other forums, please go back and post that there is an update available and include a link to this thread, thanks!!

[Blackstang]

Thanks for the update Lisa and keep fighting!

[jbird97]

Thanks for the update, I'll be sure to post the updated link on the forums I am involved with.

Heres a stupid little thought I had. It's not so much that Ford is attacking the photos or the club or its members, but Cafepress. It just so happens that everyone else gets screwed in the process. Ford doesn't want Cafepress profiting off anything related to Ford. If Ford so worried about the what maybe 5 bucks these companies make off each calender, why don't they set up their own. Ford's such a large company, if they've got enough cash to pursue companies like Cafepress over "intellectual rights", couldn't they invest that much to make their own personal merchandising service? They could provide everything that any other online company produces, and perhaps at better quality for a comparable price. And since products would be purchased directly from Ford, but using your own images, Ford could make each item official merchandise. It would make the merchandise seem more "official" and Ford could make that extra 5 bucks per calender. Heck maybe those profits will bring them up out of the red, haha.

This just seems so petty by Ford, and VW, to do this. If they want to go through such drastic measures to "protect, their images, design, blah blah blah" it seems like theres much better solutions than what they are doing. Its making them look stupid and killing their fan base.

P.S. If anyone from Ford Motor Company, or Volkswagon decide that that ^^ is a good idea and choose to pursue that route, or any "likenesses thereof", I will accept a 20% royalty on every profit you make, as that ^^ is my "intellectual property". Please pm on this site, for contact information as how I will be receiving payment.

[blown302]

Originally Posted by Aurian

I'm still pissed that Ford would do that. Who do they think they are....

They're a large company with lots of money and attorneys!

[Bullitt01331]

Thanks Lisa for all of the updates and keeping on top of things! You're awesome! It'll all work out soon enough!