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?