Ford enthusiast site conflict rooted in alleged sale of counterfeit goods

 

Ford has more NHSTA rated 5-star vehicles than any other brand

Ford has more NHSTA rated 5-star vehicles than any other brand

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A number of Ford-brand enthusiast sites today revealed that at least one other site, TheRangerStation, has received a letter from a law firm claiming to represent the Blue Oval, demanding that they relinquish any domain names with Ford brands in them, as well as turn over for destruction all merchandise with Ford logos, in addition to demanding $5,000 for trademark infringement. New updates on the issue from Ford reveal that the root cause of the matter is the alleged sale of counterfeit Ford goods, including a range of decals and logos using Ford trademarks.

Speaking with MotorAuthority Ford's head of digital media and communications, Scott Monty, said, "They were offering items for sale on their site, Ford-branded material that was not authorized by Ford." Monty also expressed a personal opinion that the sites' domain names should not be affected by the sale of counterfeit items. The site accused of selling the counterfeit goods has not yet responded on these grounds.

The law firm representing Ford in the matter, Howard Phillips & Andersen, has sent a statement to MustangEvolution, a Ford enthusiast site tracking the development of the story. "Ford is not trying to shut down the entire website, just stop the counterfeiting of its trademarks. If the Ranger Station wants a license it needs to seek one from Ford. But I don’t think Ford will license some of the images, particularly the naked woman straddling the Ford Blue Oval," wrote attorney Gregory D. Phillips.

Though it hasn't yet been spelled out by Ford's legal department, the issue doesn't seem to lie with the fans' use of the Ford logo, but with the sale of goods bearing that logo, i.e. using Ford's trademark for commercial purposes.

A side-effect of the rapid spread of the news of Ford's legal action against the site is that many other fan sites are worried they could be next - though absent sale of counterfeit goods, the worry is baseless. "This is the last thing we want people to do...these are our fans, these are people that show us good will and are loyal to us and that would probably fall over themselves to buy a Ford product," said Monty. "They're the last people we want to alienate."

Going after people that choose to support the brand and provide a place for others who share the desire to do so, usually out of pocket or nearly so, despite small merchandising efforts, does seem to miss the mark in protecting the company's interests - so much so that there had to be more to the story.

This is a fact that Ford, and in particular Monty, realize all too well. "This is the last PR headache we need right now," he said.



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Comments (6)
  1. Wow, I'm usually not one to get riled up about anything, but this is so insane, it's verging on hilarity! Way to go Ford, what better way to promote your product than to sue your biggest fans.
     
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  2. I have been in touch with scott and he is honestly looking into this. I don't think the members of ford itself, knew this was about to happen. Hopefully we can give them a chance to see why this law firm decided to go after the website. I have looked at the website and they do not sell any ford parts, they are just an enthusiast site, so they are not in any violation of the law. (In my humble Opinion)

    Hotwheels of insanemustangs.com
     
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  3. They must have been talking to BMW. BMW has been going after BMW MOA (BMW Motorcycle Owners of America) chartered riding clubs lately. My club got a cease and desist letter this year from BMW for using the BMW Roundel and BMW name.

    You wouldn't want the general public to know that we ride BMW's now would you. Crazy !?!
     
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  4. Here is the reply from the law firm involved:

    "Ford is not trying to shut down the entire website, just stop the
    counterfeiting of its trademarks. If the Ranger Station wants a license it
    needs to seek one from Ford.

    But I don't think Ford will license some of the images, particularly the
    naked woman straddling the Ford Blue Oval. See attached.

    As you can see, the Ranger Station is not telling the entire story while
    seeking your support.

    I hope that you will post Ford's position on the various discussion boards.

    Thanks,"

    Gregory D. Phillips
    Howard Phillips & Andersen
    560 East 200 South, Suite 300
    Salt Lake City, Utah 84102
    801-366-7707
    801-366-7706 (Fax)
    -----Original Message-----
    From: parkrangerjeremy@aol.com [mailto:parkrangerjeremy@aol.com]
    Sent: Wednesday, December 10, 2008 11:10 AM
    To: gdp@hpalaw.com
    Subject: RE: Therangerstation.com


    So i looks like it is an issue over selling licensed products, verses the name "ranger" in the site name. Hopefully the owner of the site and the law firm can work something out. I don't think the owner of the website did this with malice.
     
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  5. Thanks for bringing this issue to our attention. Without question, Ford enthusiasts are extremely important to us. Their enthusiasm and loyalty are part of our heritage and part of what's going to keep us moving forward.

    Recently, there was an item posted stating that Ford was requesting TheRangerStation.com to turn over its URL to Ford and pay $5,000. We'd like the opportunity to share some additional facts that might make a difference in how you think about this situation.

    In its communications, TheRangerStation.com stated that Ford was making them change the name of their site and pay $5,000. What was not mentioned was that TheRangerStation.com was selling counterfeit Ford-brand merchandise on the site. As a company, Ford has a responsibility to protect our brand and a responsibility to our licensees. We cannot let something like that pass. (The counterfeit goods have been removed from the website since TheRangerStation.com got the letter from Ford's attorney.)

    Please know that Ford takes no joy in pursuing enthusiast sites. Since there are a number of sites out there with Ford vehicles as part of their names or URLs, some people have asked if they should be concerned. Ford has been and continues to be willing to license its trademarks for use by enthusiast groups and enthusiast websites. Requesting a license is done easily by contacting tmgroup@ford.com. To request a license to produce or sell branded merchandise bearing Ford's trademarks, contact branduse@ford.com.

    In short, we are not asking for $5,000 and we would like you to keep the domain name. We simply encourage TheRangerStation.com to contact Ford to request a license to continue using the domain name.

    We hope you will share this information with anyone who is concerned. We deeply appreciate our fans’ dedication and enthusiasm and want to be able to work together with all of our supporters to tell the Ford story.


    Scott Monty
    Global Digital Communications
    Ford Motor Company
     
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  6. That makes sense, now that the full story is out I think Ford's case is justifiable.
     
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