I’m Ruining Ford
This was the reply I got from a paralegal at Howard, Phillips, and Andersen, Ford’s attorneys in Salt Lake City, a bunch of boilerplate which essentially, as far as I can tell, puts the money Jaguar is losing directly on my shoulders. My calendars and T-shirts have brought down a mighty empire. 
The Ford trademarks and trade dress are some of the most recognizable in the world. Ford takes a tremendous amount of pride in this, and considers its trademarks to be among the most valuable assets. In an effort to both enhance and protect the value of the Ford name and image, Ford is constantly engaged in both promoting its trademarks and policing their use to ensure that persons and businesses authorized to do so use the trademarks in an acceptable manner.
Because of the cachet of the world-famous Ford name, thousands of independent businesses and people make a living from or pursue a hobby related to Ford products and services. Unfortunately, many of these businesses improperly attempt to affiliate themselves with Ford by using Ford trademarks and trade dress (for instance, the depictions or photographs of Ford’s distinctively shaped vehicles) in advertising their products and services. Ford appreciates the enthusiasm these people have for Ford products. Ford in no way wants to put these companies out of business, or prevent these businesses from advertising their products and services in a manner that is fair under Federal and state trademark laws. Ford cannot, however, allow these businesses to use Ford’s trademarks and trade dress in a way that creates the appearance that these businesses are affiliated with, sponsored by, or approved by Ford when they are not.
Ford’s trademarks and trade dress serve several important purposes. First, seeing the distinctive Ford logo on a product or business is an immediate indication that the product or business is authorized by Ford. Second, a product bearing a Ford trademark is an indication that the product is of high quality and has passed Ford’s strict quality control procedures and inspections. Third, placing a Ford trademark on a product indicates that Ford, or an authorized agent, is the source of the product, and that the product is genuine and not counterfeit. When the public purchases a product or service sold under a Ford trademark, the public has every right to expect that the product or service is the “real thing.” All of this, in turn, contributes to the value of Ford trademarks as legitimate and important business assets of the company.
At times Ford enthusiasts question why Ford is so adamant about policing its trademarks and preventing unauthorized uses or infringements of them. It is quite common for someone who is using a trademark without permission to say, “I’m giving Ford free advertising, so why does Ford care?” Ford cares because it is important that Ford be able to exercise control over the quality of the product or service bearing Ford’s trademarks. If a disreputable business sells an inferior product or service that uses a Ford trademark, the poor quality of that product or service reflects on Ford. A person who is disappointed by that poor product or service will not take the time to determine whether Ford in fact authorized the use of its trademarks.
They will, probably rightly, assume Ford to be the ultimate source of their disappointment and may transfer their loyalty to a competitor.
If a business not affiliated with Ford uses any Ford trademark, whether through the use of photographs, depictions or silhouettes, or any confusingly similar variation thereof, without Ford’s express, written consent, then that business is violating Federal and state trademarks laws.
That business is also misleading the public into believing that such business is affiliated with Ford. It is also not sufficient for a business to state that it is not affiliated with Ford but continue to use Ford trademarks without permission. The business is still misappropriating the goodwill and reputation developed by Ford, and attempting to capitalize on or profit from Ford’s goodwill and reputation. Even with the best of intentions, unauthorized use of another company’s trademark is against the law and misleading to the general public.
Unauthorized and infringing uses of Ford’s trademarks come in many disguises. Examples of cases in which Ford has successfully pursued infringers include the following: (1) businesses that use Ford trademarks in their business name such as “John Doe’s Ford Repair;” (2) businesses that use Ford trademarks or trade dress in advertisements, including phone book advertisements; (3) businesses that place Ford trademarks or trade dress on products such as shirts, coffee mugs, key fobs, etc.; and (4) businesses that use Ford trademarks in their Internet domain names.
Ford genuinely hopes the public understands the need for Ford to police and enforce the proper use of its trademarks and trade dress. To protect the value of its trademarks, Ford is obligated to object to and pursue unauthorized uses of its trademarks and trade dress, even if the use of the trademark or trade dress does not appear offensive or objectionable. If Ford does not do so, it may be deemed under the trademark laws to have abandoned its trademark rights. We thank you for your understanding and support.
This just reinforces my thought that someone did a search on Cafe Press for “Jaguar” and shut down anything that wasn’t a mammal, and perhaps some things that were. Whatever. I also like how the boilerplate contains no information on what can be done about it–does Ford have a channel for clearing these sort of activities?
I can assure Ford and its attorneys that, thanks to their petty behavior towards a relatively small group of enthusiasts, not one of their products will ever grace my driveway. I will, however, continue to enjoy my ‘66 E-Type. I wonder if there is a “Ford XKE” on its way…
Thank God they never got hold of Ferrari back in 1962.
Comment by Mark — October 17, 2007 @ 9:45 pm
I am completely offended by the approach that F___ (don’t want to infringe on their copyright) has taken with XKEDATA and will in the future avoid their products like the plague! Idiots!
Comment by Lynn — October 18, 2007 @ 8:11 am
“Because of the cachet of the world-famous Ford name” It seems to me that builders of pintos, mavericks and other top drawer models is in complete denial
of the perception of their brand. All Ford succeeded in doing was to drag down a once great marque into the realm of mediocrity.
I’m not so sure that ford/Jaguar has any claim to “XK-E” or E-type for that matter. XKE was used by the American Distributors further the XK line
whereas Jaguar officially used E-Type to demonstrate lineage to the “C” and “D” types.
My thought is that both names have been in the public domain for so long and haven’t been used to actively market anything commercially,
that no damage could possibly have been done. This site needs to start a legal fund and consult with a patent attorney.
I would be happy to contribute.
Comment by Doug — October 20, 2007 @ 8:00 am
Wow. It seems that there are some lawyers for “they who can not be named” working on commission. I wonder if Ford know how how many enthusiasts websites they need to pull down before all their customers are gone?
I am not a lawyer but I may sneak a peak at the website of that legal group and see what they are about.
Comment by Neil Purves — October 24, 2007 @ 1:42 pm
If the website were marketing spare parts, one can see that what the lawyers said made sense. Unfortunately, in this case it merely serves to reinforce the impression that Ford, and its satellites, particularly Jaguar, are on the way out. Certainly in mainland Europe outside Germany , Ford has virtually ceased to exist. Even in the UK, it has lost market share over the years and is now a minority player. The attempt to turn Jaguar into a mass market brand with the X type has been a disaster . The result is the firesale of Jaguar, Landrover, and possibly Volvo . Unless Ford is turned round very rapidly indeed, I think it will not last 5 years outside the USA. The problem is a fundamental one: there is an enormous oversupply of western built cars, and even some of the Japanese manufacturers are now feeling the draught. In such circumstances, alienating part of the existing customer base is tantamount to suicide, particularly with an “aspirational” brand such as Jaguar
Comment by christopher storey — October 26, 2007 @ 10:45 am
Was reading this article and came across this line from Ford…”Second, a product bearing a Ford trademark is an indication that the product is of high quality and has passed Ford’s strict quality control procedures and inspections.” Unfortunately I was drinking tea, and I choked as it came out my nose.
As past owners of the Pinto and the perpetually terrible Taurus, I can ASSURE you Ford, that NOBODY with any knowledge of automobiles thinks your name is “an indication that the product is of high quality.” And adding the “Ford’s strict quality control procedures and inspections” was just funny stuff, you guys should get out of the car business and into the comedy genre. PLEASE, sell Jaguar asap and let us be.
I run the other direction from any automobile bearing the blue oval.
Comment by Daniel — November 5, 2007 @ 9:55 pm
Fercrissakes…..the 120, 140, 150, C Type, D type, and E type not to mention the XJ-S are so far from being “Fords” that it is pathetic. If we publish a calendar that featurres E Types , 120s, etc. what the hell has that got to do with Ford and their friggin logo.
Someone said that it’s a blessing the Ford did not get control of Ferrari in 1962. I certainly second that.
Comment by Ed Jose — November 7, 2007 @ 3:58 pm
Wow you guys are harsh, Did all the Jag enthusists forget about the regretable electronics in jags before Ford recued them from their own disasterouse management? I don’t know about the rest of you but ever time I’ve been over 100mph its been in a Ford, personal best 134 mph in a ‘88 Mustang GT on street tires and bone stock trim. How is that possible if they are as poor at building cars as you say?
RD
Comment by Randy — November 9, 2007 @ 6:00 pm
Roger
I enjoy XKEDATA as a pastime in its own right.
I have an affinity for both Ford and Jaguar products and can see that in todays world Jaguar needs such an owner . However it is hard to understand this petty attitude as it is not as if you
are selling sub-standard or counterfeit parts . You are actually promoting and perpetuating the Jaguar legend and in effect providing a free service to its owner .
I hope this gets quickly resolved to your satifaction.
Long may your service continue.
Best Wishes
Nick Moreton
Comment by Nick Moreton — November 10, 2007 @ 8:05 am
I HAVE ENJOYED YOUR E-TYPE CALENDAR FOR THE
LAST TWO YEARS. WHAT A FRIGGIN WASTE OF LEGAL
TIME. GOD FORBID, THE BIG F WILL MISS OUT ON THEIR
98 CENT ROYALTY. WANNA REALLY SCREW SOMETHING
UP-GET AN ATTORNEY INVOLVED!!!
Comment by SCOTT — November 12, 2007 @ 10:38 am
It still makes me puke to think that ford had anything in common with. Jaguar. I still cannot use both names in the same sentence. It was presumably just a hiccough of globalisation. Anyway, on a positive note, it looks as though ford will soon be going tits up, and that the afore mentioned other company will reincarnate once again. As an aside, it was amusing to witness ford’s attempted foray into F1. What a bunch of idiots.
Comment by mike mclean — February 19, 2008 @ 3:25 pm