damn, I wish I were a Ford lawyer…. spend the days scouring the net, looking for anything that can be an infringement… spend the rest of my life prosecuting! Talk about job security!

Actually, from a legal standpoint, I can fully understand why Ford is protecting its assets. Ford should NOT be made out to be the villian this article makes them out to be.

When I was in DECA in high scool, we printed up some t-shirts for those who were going to nationals with the micky mouse ears on them (nationals was at disney world that year). Some of the kids wore them at disney, and we were sent notice that we owed disney $ for using their trademark. We paid up. Is Disney evil? no. they just know what needs to be done to protect their name/image/assets. That is just smart business.

That means every lawsuit is like selling 5 cars… They finally found a way to make a profit. Way to go!

Agree with #1. It’s called copyright and trademark and it protects all business big and small.

I am extremely dissappointed in Ford. Last time I checked, a mustang is a wild horse, unless somebody uses the mustang logo, it is not illegal. Ford did not invent the wild horse. the mickey mouse ears are however a logo… kinda, so yes that is a legitimate complaint, whats next, is ford going to sue anyone using a similar oval? or how about that blue?

If it is a blue oval with a white four letter word inside that can easily be mistaken for a Ford logo, by all means they have the right.

DCX was correct in going after GM and its Hummer brand for the 7 slot grill. The court dropped the ball on that one. the Hummer was developed by AMG as a subsidiary of American Motors, who owned jeep. The Hummer had a 7 slot grill and the round headlights as a result. DCX did not complain about the H1, they only came out to fight when GM carried the design language rooted in Jeep history to the H2, which had no connection to AM or AMG.

I can understand if someone is using the Ford’s logo or mustangs horse, but to sue them if they use the word Mustang??? I guess this is Ford’s “WAY FORWARD” They can’t sell their SUV’s so they are looking to make up the loss by suing people! LOL….way to go Ford, how about using some of that investigative energy and give us some products that are worth a damn. I had a Focus and the minute the warranty was out everything else “went out” Motor, Dorr handles, trunk release…. I won’t continue…..No wonder they are scared of Toyota, I had a Celica with 132K on the clock and NOT ONE PROBLEM….just maintained it and it was still as good as new….the Focus, 40K and falling apart….Come on Ford!!!! STOP WORRYING ABOUT THIS CRAP AND WORRY ABOUT BUILDING A DECENT CAR OR YOUR WAY FORWARD MAY COME TO AN ABPRUT STOP.

I like Mustang…oh noes, I said the “M” word! :-/

Come on Ford, this is pathetic.

I hope they get what they deserve. Sure they didn’t invent “Mustang” but they have made the car famous. Volvo didn’t invent XC-90, but Scion can’t make the xC after the xA and xB because Volvo trade-marked it. It makes perfect sense, and it should recover lost profit.

Bigfoot Monster trucks has a significant problem with trademark infringement. They have 1 person who that’s their job. You know how many generic monster trucks just happen to look like Bigfoot? Thousands and they go after each one of them legally, its what keeps their logo so significant.

#4, words are trademarked as well as logos. If someone else is using the word Mustang in their trade name in the automotive industry, they may be legally infringing. I would like to see some balance, since many of these companies are, as stated, selling Mustang accessories, but the problem arises from using Ford’s trademark in their trade name, rather than describing themselves as offering parts for Ford’s trademark.

Apple is currently doing this very same thing with all third parties using the name iPod, and Paramount has for some time vigorously defended Star Trek-related terms.

The court did not “drop the ball” on Jeep vs. Hummer. It correctly decided that two former subsidiaries of the same trademark owner who now have different ownership have equal rights to the trademark, in the absence of any agreements to the contrary. SInce Chrysler did not require AMG to stop using the grille when it spun off its defense businesses, or retain sole rights to future use, Daimler has no grounds to object now, especially after the passage of so much time. The court cannot turn back time and let Daimler retroactively change Chrysler’s business decision.

Another case where trademark ownership was separate from the corporate successor is when Volkswagen won the bidding war for Rolls-Royce Motors and found out that after 5 years they could only build Bentleys, because the Rolls-Royce trademark is owned by Rolls-Royce plc, who licensed it to BMW for automobile use.

It is long established that registering a trademark does not protect it in perpetuity; it must be actively defended. If a company fails to object to infringement of its trademarks, it may lose them. Sometimes in as little as three years, if the trademark passes out of current usage by the owner. I think Ford getting burned by Pep Boys on the use of the Futura name has made them decide to vigorously defend the trademarks they want to keep. They don’t want Mustang to end up like escalator and mimeograph.

Like #4 said, the mustang is a wild horse. Ford has no more right in using the Mustang name than North American did in the P-51. I agree with the horse logo but using a term that came from a breed of horse does not a trademark make.

#12 is absolutely right. And these stupid lawsuits need to be stopped. Ford even sued General Dynamics and the USAF when the F-16 was developed. It was to be called the Falcon, but had to be renamed the Fighting Falcon. They copyrighted a bird and got away with it then, and now they are back at their maddness. Instead of protecting people, companies, etc… a lot of laywers just seem to want to push the envelope to see how far they can go and what they can get away with.

When are they bringing out the Ford Phallus and CHevrolet Scrotum?

anyone ever have the privilage to know a spoiled brat? I’m sure you have that toddler somewhere in your extended family who you can’t stand because of the tantrums they through when they don’t get their way or get enough attention. Ford’s behavior reminds me of that… I have a feeling this is just delayed backlash because they could not get the name GT-40 for free. The 40 as many of you know refers to the height of the car, 40 inches. So i think Ford just realized that it could have easily named the new car, GT-44, since it is 4 inches higher. It even sounds cool, versus, Ford GT (the definition of generic). Ford is now officially a company that builds cars, not a car company. Bloated, bald, and smelly, the Fat Bastard (mike myers dont sue me) of the auto world, these are actions that shouldn’t surprise us. oh yeah, one more thing; Mustang, Mustang, Mustang, Mustang….. Mustang.

They spend how much to sponsor a Karoke Contest?? Any press is good press, and having your cars in movies, magazines and on the web, especially aftermarket companies that entice people to buy the Mustang – you’d think Ford would be paying them!!! So does this mean no more Muscle Mustang and et al. magazines?

What a bunch of crap. Thumbs down to Ford on this one. The loss of sales they’ll have for the lifetime of the people being sued will probably outweight the money they’ll get for it.

I would be willing to bet that any automotive magazine that uses the name “Mustang” in their title, and is specifically geared toward the Ford Mustang has paid the dues and royalties to use the name and are not leeching the trademark.

Ford is NOT banning any/all companies from associating themselves with this car and their car company. They simply realize that the trademark infringement and proliferation has spread to an unexceptable rate and are attempting to protect their rightful assets. I assume good business is evil?

Its funny they are doing this. Daimler Benz (Mercedes Benz) first patented the car back in 1886. Does this mean they can sue ford 5000 dollars for each car they sell. Would love to see that HEAD STUCK UP HIS OWN ASS SON OF A PIECE OF **** brat Bill Ford face then.

FORD – Found On Roadside Dead

Stop with the you can’t trademark an English word balogna! They aren’t suing people for using the word. They are making sure nobody can use the word inappropriately to profit on related items to THEIR car. ie: knock off badges, body parts, signs, etc. If somebody wanted to make an complete aftermarket Stang (ala Saleen) without a licensing agreement they couldn’t use the name. Prince shut down his own fans for using his name in relation to websites and items relating to him. There is fair use, so don’t think they’ll be going after the Midwest Mustang Club (unless they are making T-Shirts with the pony logo on them).

What if my horse is a mustang and I want to buy mustang products for it? Those Ford people will call those horse products and accessories an infringement too?

“They simply realize that the trademark infringement and proliferation has spread to an unexceptable rate and are attempting to protect their rightful assets. I assume good business is evil?”

It is is evil when they are destroying the very things that make their car popular. The Mustang is a piece of popular culture, and has been since 1964. Ford couldn’t pay for the kind of publicity the Mustang gets from movies and bits of popular culture. They should be happy their car and “intillectual property” has become a stape in America. Instead they sue and sponsor Karoke contests, and they wonder why they’re heading towards the toilet?

they’re only going after people who use the word “mustang” in reference to the vehicle itself, yes? aftermarket people, etc.?

you can argue these are some of their biggest and best supporters, and suing them isn’t the way to go, nor shaking them down for 5 large, but what do you expect out of IP lawyers?

that’s what they do. like terminators, that’s ALL they do. sue.

If the aftermarket companies want to use the intelectual property of another company to promote their own products then, yes, they too have to pay royalties.

I don’t think that Ford is going to go after the legitimate companies here. They are simply doing their part to protect their IP from misuse and UNAUTHORIZED use.

If Ford has been protecting their “Mustang” trademark in this manner since 1964, I’d have a lot less problem with it. But they didn’t do that. This isn’t really about trademark infringement IMO; it’s about greed. Why else would they “revise” their position on the issue now? I am unaware of any recent change in trademark law that would have precipated such a course.

Wonder if Ford is going to demand that the Mustang Club of America change its name, too?

I suspect (but do not know) that this whole situation came about after the legal firm handling this “program” approached Ford with the idea that they could both make some bucks. It would very interesting to know just how that firm is being compensated. What do you bet that they’re splitting the “proceeds”?

What will make this a PR nightmare for Ford is that these actions will almostly certainly hurt a very large group of people who are serious Ford enthusiasts and boosters, i.e. Mustang collectors and restorers. It’s never good business intentionally to piss off your core supporters.

Concerned Mustang collectors and enthusiasts should be sending the president of FoMoCo letters or emails informing him they will not be purchasing any new vehicles from Ford and related companies so long as this idiotic attack on the Mustang vendor community continues. And then to keep that promise.

“Why else would they “reviseâ€? their position on the issue now?”

due to the success of the new mustang, not seen on this scale in the previous 3 decades. They have a vehicle that is wildly successful with a broad range of the public in an era when the aftermarket scene grosses $25 billion per year.

This simply makes their IP cases far more public than before, when the Mustang and its aftermarket parts suppliers were not anywhere near as highly visible.

What Ford is doing is stupid. “Reclaim its legacy” my ass. This is just being mean.

Stupid.

I’m still not interested in the new Mustang, Ford. Your lawsuits over trademark aren’t making me care. Ford is stuck back in the 1960’s. Within a few years I do plan to buy another 1969 Mustang Fastback, however. I had one in high school and it’s a classic legend now as much as it was then.

Where were you, Ford, when you abandoned the technology in the 1984-86 Mustang SVO? When you declined to bring over the fully DOHC turbo Sierra RS (known here as the Merkur X4RTi– what a dumb name when you could have just called it “Sierra” on two continents). And most importantly, where were you when you decided to discontinue the independent rear suspension in the late early 2000’s Cobra?

And now you’re charging charging $50k+ for a Shelby Cobra Mustang? Hey, I’ve moved on to– sorry– better cars. No marketing magic is going to change the fact that your Mustang isn’t an icon anymore. It has become heavier. Bravo on that.

I’ll be happy with another ‘69 Mustang. Otherwise I’m still looking at Japanese sportscars.

Like I said, Mike 28, why else but greed?

It will be very interesting to see whether Ford’s bloodsuckers will be successful in going after companies using the terms “Stang” and “Pony”, as the USPTO’s TESS system does not report that either term is registered as a Ford trademark. And I sincerely doubt that Ford can support a claim of consistent use of either word.

as I clearly explained in my post, with the recent upsurge in popularity of the new Mustang, there appears to be an equal upsurge in the UNAUTHORIZED use of Ford’s intelectual property surrounding the vehicle.

Logic, Law, and good business are not on your side.

If Toyota went after companies illegally using IP in reguards to Supra, Celica, Mrs. or MR2, etc. or Honda went after companies illegally using IP relating to NSX, S2000, Civic, CRX, etc. than I am sure that you would be praising them.

your argument: We have allowed 12-22 million immigrants to illegally cross the border into this country. Because they have not been prosecuted yet, and no additional steps have been taken to prevent future immigrants from illegally crossing, then nothing should be done.

simply because it has not been looked at to this extent in recent years, is not ample reasoning to ignore the laws surrounding IP or do dissallow the prosecution for IP violations.

Mike 32,first of all, virtually all of the companies that Ford is targeting have been using the word “Mustang” in their business names for decades, and are companies who primarily provide parts to the restoration market. Take a look at a recent copy of Hemmings Motor News and one from ten years ago; count the number of Mustang parts vendors. I doubt you will find the evidence to support your claim that “there appears to be an equal upsurge in the UNAUTHORIZED use of Ford’s intelectual [sic] property surrounding the vehicle.”

Second, you wrote: “If Toyota went after companies illegally using IP in reguards to Supra, Celica, Mrs. or MR2, etc. . . . . than [sic] I am sure that you would be praising them.”
Please don’t assume you know how I feel on any subject. In point of fact, I would not be praising anyone guilty of similar stupid and short-sighted actions.

I admit to holding very little sympathy for FoMoCo, who clearly have not in the past held IP in the high regard that you display. Perhaps you don’t know the history of FoMoCo and Robert Kearns; if not, here’s a link for you:

http://www.washingtonpost.com/wp-dyn/articles/A54564-2005Feb25.html

This is simply another case of big business “do as we say, not as we do.”

BTW, a little Google work will illustrate that the big automakers (not just Ford) have a long history of treating small companies and inventors in similar manners.

One other point: Jaguar has not been able to regulate/proscribe the use of the word “Jag” in the Jaguar parts aftermarket and I can personally assure you that they have tried.

And I am not going to get into the illegal immigration debate on this forum.

Mike 32, your argument, compare two uncomparable subjects to make Ford look humane. If toyota did something this stupid, i promise you, no well balanced person would applaud them. They made more money this year than Ford’s worth period. Ford being broke and creditless, is acting the way a broke and creditless company acts. That is where i am sure you’ll find many people are coming from in expressing their discontent for FoMoCo’s actions. And the mustang isn’t a success story, it isnt outpacing the previous generation when it was first introduced, and it’s pathetically behind the curve of an 85 corolla. But it did make the transformers movie, so i guess it’s the best car ever.

Ford is such a ****hole right now, I wish they would just die so that we dont hear about the **** that is always going on in that company

Ford is such a ****hole right now, I wish they would just die so that we dont hear about the **** that is always going on in that company

you’ll notice that when times were good nobody thought twice about suing every redneck who made a mustang GT 5.0 t-shirt… it was free advertising, not trademark infringement. Just how is someone profiting off the mustang name without calling attention to their product?! it isn’t like the primary use of “mustang” in urban pop culture is for versions of ecstacy like “mitsubishi” is. People who read and wear the term “mustang” are 99% of the time thinking about the car! it’s free advertising! duhhhhhh

#mike 32 – I understand you back ford 100% but even you must thinks that ford are a bunch of assholes for trying to make money out of nothing. This is just plain desperation like the company is about to die. God knows how they thought this wouldn’t annoy potential customers.

I for one have changed my mind to part exchange my Mercedes C55 AMG for a Dodge challenger then a ford mustang gt500 because I don’t wanna put money into a money grabbing pricks pocket no matter how good the products.

#22 mike If their assets where so precious then why is it after 40 years they feel the need to do this know. They have worked out a way to make money and are taking adavntage of it. The patent on the otherhand was for the first automobile which is what it does. Im sure if Mercedes was that desparate for oney they could find a way to make it work.

OF THE BIG THREE AMERICAN AUTOMAKERS ONLY FORD DESERVES THEIR CURRENT BAD STATE. IT COULDN’T HAVE HAPPENED TO A BIGGER NOB SUCKERS. I FOR ONE WON’T CARE IF THEY DIE SOONER THEN LATER

Ford is mainly after SMALL business owners who are easy prey and cannot afford to fight back. This is simply using the courts to extort money from little guys. You won’t see them going after anybody BIG on this since that might cost them some money. This is nothing more than a money making attempt and SCREW the public relations department. I bought 5 new Fords in a row but also bought my new Toyota when Ford started their “restoration licensing” scam in which they now claim ownership of part numbers too. Since Model T Ford part numbers are 4 digits only – yep they claim they own ALL 4 digit numbers as their intellectual property. They will go down in bancrupcy flames and I will be chearing as they burn.

Some of you people are loons. If you had spent lots of money on a trademark or logo, and someone else came along and used it to make money for themselves,and you were losing money because of it, you would want to sue also. I think FORD is well within there rights and obligations.
Next point:
People that hope FORD goes bankrupt or closes (or any American company)or drive Jap cars are Idiots. If the people in this country don’t start to support the business in this country there will not be a United States of America. It will be the united states of japan or whatever. For every dollar that is sent out of this country, is another dollar poorer we are and another dollar richer they are. Eventually the dollars will run out, and we will be owned by the japs or chinese or whoever.
We should be trying to build up this country, it’s busineses, etc. Instead of tearing down an American business we should be trying to help it to be better for the country.

If Ford is inefficient, not competitive or engaging in illicit business activities it should go out of business. That’s called capitalism and it’s the American way.

Beyond that, Ford may or may not be within it’s rights tho I tend to agree with the legal profs who have pointed out the flaws in their position.

In regards to the Mustang enthusiasts they are screwing them. Ford abandoned the vintage Mustang owner over the past few decades by discontinuing pretty much the whole line of vintage Mustang parts. They’ve demanded royalties from repro manufacturers while contributing nearly nothing themselves to the hobby over the past decade. And now they are threatening companies that have been using the name for decades(legitimately according to some IP experts), publications and even clubs. This hobby and the value of the brand would be zero if not for these businesses, clubs and publications.

They are basically going after the people who have maintained the value of their trademark.

Will Mustang, Oklahoma be required to change their name? As well as all of their businesses using the word Mustang?

as the owner of 6 mustangs, 2 cougars and other misc. classic and late model fords i am appalled at fords actions. what a slap in the face to those who have kept the mustang alive by selling restoration parts etc. most of the people in my mustang club own newer mustangs as well as classics. what a great way to lose these core buyers!!! need i remind ford and others that when ford was going to discontinue the mustang a few years ago that only a massive grass-roots letter writing campaign by these very loyal owners and their related parts suppliers saved the very car! with-out them, there would be no name to protect. knock it off bill ford, call off the lawyers or i swear to god i will sell my fords and start collecting and buying chevys.(new camaro???) very pissed off and embarassed in minn.

I don’t understand why Ford is going about it this way…Any company that uses the Ford blue oval logo has to pay to use it. Why wouldn’t Ford just “sell the use of” the Mustang logo (horse on tri-colored bar) as well. I also do not understand or agree with the idea that they could go after anyone who uses the word Mustang in its name. This should only be an issue if someone is selling automotive related items. I would hope that Ford will not try to intimidate the non-profit “Mustang Clubs” all over the US & other countries, since they do not make any profit for or by the use of the work Mustang. It seems to me that Ford has benefitted from other people using the Mustang name quite a bit over the last 40 years but now that they are in some “financial difficulties” they want to start penalizing smaller companies that have been using that same “Mustang” in their name for years. Why not license it to them for a fair fee?
I own 3 Ford products at this time and I do not care for the direction that Ford is taking in general…and though I do not dream for them to go out of business, I wish that they would look at the big picture and not damage themselves any further.