The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside*

$ PKRWUD · 10-31-07, 03:32 PM

Well, if you wanted a 2008 RHC Member's Rides Calendar, I hope you already bought it, because they are no longer available.

The Ford Motor Company has informally charged us with violating their Intellectual Property Rights by using pictures of Ford vehicles in our 2008 calendar. Ford notified the law firm in Utah that officially represents them, and that does nothing but try and protect Ford's numerous trademarks, and one of their attorneys contacted CafePress, the company that publishes our calendars. They demanded, and were granted, access to all of our images that are stored on CafePress' servers, which are the ones that are used for all of the items we sell in the RHC Store.

After going through them, they claimed that about 25 of our images violated Ford's Intellectual Property Rights, and were infringing upon their "trade dress." They demanded that the images be removed from the CafePress servers, and that every item they had been on be removed from our store as well. This included 7 of the 12 pictures from our 2008 calendar, which is why the links to the calendar in the store suddenly started coming back as bad links.

I discussed the issue with CafePress, and they said it was really out of their hands because they weren't about to try and take on The Ford Motor Company. They did give me the name and contact information of the attorney and law firm that represents Ford, and I sent him an inquiry about the whole situation.

I ended up dealing with a Trademark Paralegal for several days, pleading our case, and explaining that these weren't random pictures of random Fords, they were in fact pictures that were taken by each vehicle's owner, who then submitted them to us specifically to have them included in our calendar. From our conversations that went back and forth, the following are a few direct quotes that explain their reasoning...

"Although you and your members may own the Ford automobile, you do not own the rights to the trade dress. Taking pictures of any Ford automobiles, placing them on products (i.e. calendar, mugs, t-shirts, etc.) and making them available to the public for sale is an infringement of Ford's intellectual property rights."

"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."

"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."

"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."

"At times Ford enthusiasts question why Ford is so adamant about policing it's 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."

"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."

She did tell me that the only way around this issue would be if we were an "official Ford club." If we were, "there are specific guidelines that allow Clubs to use the Ford trademarks and sell them only to their members. However, at this time Ford does not want to allow these sales to go through Cafepress where the sales of these products are being made available to the public." She went on to say that none of that mattered anyway because RHC is not an "official Ford club."

I tried very, very hard to try and come to some sort of an agreement that would at least allow us to use the calendar images for a few more days so that everyone that really wanted one could get one before it was too late, but she said that was just not possible.

While I don't agree with their reasoning, I am going to abide by it.

Among the pictures they removed were 4 that had absolutely nothing to do with Ford at all, and when I brought them to the paralegal's attention, she contacted CafePress, and said Ford no longer objected to them, and they then were restored.

I spent quite a bit of time over the past couple days going through the store and changing some of the items names, and creating a few new items. We have 24 different single page 12 month calendars available, with images of members vehicles that weren't objected to, and from previous years calendars, so stop by and check them out! They're only $6.99 each, and are great for putting on the wall in your garage, kitchen, or bedroom!

I don't know if we're going to have a 12 page calendar this year or not, I'm still working on some ideas, but now you all know why the 2008 RHC Member's Rides calendar we worked so hard on is no longer available.

Jiffycake · 10-31-07, 04:05 PM

retarded.. ford tried to do the same thing for the ford restoration websites. I don't know if you ever heard of that case

grimreefer · 10-31-07, 04:29 PM

Sorry guys... didn't know Ford would be so fuckin' retarded when I submitted mine. As of now though... Fuck Ford and fuck lawyers and hello Chevy/Dodge dealers.

alleygirl5.0 · 10-31-07, 04:38 PM

have these MF's ever been to a car show? theres your infringement for ya... anyhow i'd be like hell yes free advertisement...

$ PKRWUD · 10-31-07, 04:45 PM

Quote:

Originally Posted by alleygirl5.0

have these MF's ever been to a car show? theres your infringement for ya... anyhow i'd be like hell yes free advertisement...

I just realized, you weren't here for it this year. The 2008 calendar was definitely the best one we've ever had! The pictures that were selected were great, and I put a little more time into trying to make them look better overall. I was really proud of it.

You can see the 12 winning images here. Once you get there, click on the thumbnails for a larger image.

$ Bigred90gt · 10-31-07, 04:50 PM

Wow. Just, wow.

I really like Fords, and have owned 7 of them with no intention of buying anything else. But, to be honest, this is pretty much a deterrent for me. I cant say, 100% without a doubt, that I will buy a ford for my next vehicle. Until 5 minutes ago, I could.

$ **Jimi** · 10-31-07, 04:54 PM

Protect the quality of their product image...what the fuck ever. Their mass-producing asses are so far in the fucking red, they are trying to seek money where ever they can get it. Fuck Ford. The other two of the Big 3 aren't hitting us up. That should tell you something.

Fucking money-grubbing peices of shit. I hope Ford comes here and reads all the shit we say about them too.

alleygirl5.0 · 10-31-07, 04:57 PM

you tell 'em! oh wait... i own 2 fords, but my mopars are screamin too!

$ Joe · 10-31-07, 05:02 PM

Yup, FUCK FORD! This really pisses me off, it wasn't like we were making any real money on the calendars either.

FUCK
YOU
FORD.

$ PKRWUD · 10-31-07, 05:03 PM

Quote:

Originally Posted by 95Z_BlackBastard

Fucking money-grubbing peices of shit. I hope Ford comes here and reads all the shit we say about them too.

Let's not go out of our way to invite them, okay? I don't feel like dealing with state and federal charges, or being sued. Maybe 15 years ago that would have been fun, but not today. Not for me.

$ **Jimi** · 10-31-07, 05:10 PM

Quote:

Originally Posted by PKRWUD

Let's not go out of our way to invite them, okay? I don't feel like dealing with state and federal charges, or being sued. Maybe 15 years ago that would have been fun, but not today. Not for me.

Is there anything here that they could really touch you for? They said it themselves, it's all about the money. Once Cafepress was hit, they got the stuff for sale. There's nothing in the forums where images of Ford products are being sold.

They can't do shit but see how many people they are pissing off.

Jiffycake · 10-31-07, 05:12 PM

Chris, did you ask if you could just edit out the ford logos, ponies, snakes, etc and still have the calender? They do it in insurance commercials and stuff

$ PKRWUD · 10-31-07, 05:13 PM

Quote:

Originally Posted by Joe

it wasn't like we were making any real money on the calendars either.

Nine dollars. We made nine dollars on the 2008 RHC Member's Rides calendar. Between sending out the notices, going over the entries, presenting them for the vote, tallying the votes, creating the final images, and setting everything up at CafePress, I spent about 18 hours or so on it. That works out to 50 cents an hour for me, only it's really only 25 cents an hour because I share any profits with the man that shares the burden of paying the bills here with me (I didn't actually send Joe $4.50, but I then needed that much less from him for the bills).

Believe me, NOTHING here is done for the money. lol.

$ **Jimi** · 10-31-07, 05:17 PM

Fuck
Our
Riders
Daily

$ PKRWUD · 10-31-07, 05:27 PM

Quote:

Originally Posted by 95Z_BlackBastard

Is there anything here that they could really touch you for? They said it themselves, it's all about the money. Once Cafepress was hit, they got the stuff for sale. There's nothing in the forums where images of Ford products are being sold.

They can't do shit but see how many people they are pissing off.

Jimi, you have a PM.

Quote:

Originally Posted by Jiffycake

Chris, did you ask if you could just edit out the ford logos, ponies, snakes, etc and still have the calender?

Yes. The answer was no. Actually, the answer was:

"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."

"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."

10-31-07, 03:32 PM	#1
$ PKRWUD *Pheasant Plucker* RHC Club Member # 0009 Join Date: Aug 2002 Location: Ventura, California Age: 44 Main Ride: 1995 F-150 SC Eddie Bauer Posts: 51,675 Arcade High Score: Coolness:	The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* Well, if you wanted a 2008 RHC Member's Rides Calendar, I hope you already bought it, because they are no longer available. The Ford Motor Company has informally charged us with violating their Intellectual Property Rights by using pictures of Ford vehicles in our 2008 calendar. Ford notified the law firm in Utah that officially represents them, and that does nothing but try and protect Ford's numerous trademarks, and one of their attorneys contacted CafePress, the company that publishes our calendars. They demanded, and were granted, access to all of our images that are stored on CafePress' servers, which are the ones that are used for all of the items we sell in the RHC Store. After going through them, they claimed that about 25 of our images violated Ford's Intellectual Property Rights, and were infringing upon their "trade dress." They demanded that the images be removed from the CafePress servers, and that every item they had been on be removed from our store as well. This included 7 of the 12 pictures from our 2008 calendar, which is why the links to the calendar in the store suddenly started coming back as bad links. I discussed the issue with CafePress, and they said it was really out of their hands because they weren't about to try and take on The Ford Motor Company. They did give me the name and contact information of the attorney and law firm that represents Ford, and I sent him an inquiry about the whole situation. I ended up dealing with a Trademark Paralegal for several days, pleading our case, and explaining that these weren't random pictures of random Fords, they were in fact pictures that were taken by each vehicle's owner, who then submitted them to us specifically to have them included in our calendar. From our conversations that went back and forth, the following are a few direct quotes that explain their reasoning... "Although you and your members may own the Ford automobile, you do not own the rights to the trade dress. Taking pictures of any Ford automobiles, placing them on products (i.e. calendar, mugs, t-shirts, etc.) and making them available to the public for sale is an infringement of Ford's intellectual property rights." "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." "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." "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." "At times Ford enthusiasts question why Ford is so adamant about policing it's 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." "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." She did tell me that the only way around this issue would be if we were an "official Ford club." If we were, "there are specific guidelines that allow Clubs to use the Ford trademarks and sell them only to their members. However, at this time Ford does not want to allow these sales to go through Cafepress where the sales of these products are being made available to the public." She went on to say that none of that mattered anyway because RHC is not an "official Ford club." I tried very, very hard to try and come to some sort of an agreement that would at least allow us to use the calendar images for a few more days so that everyone that really wanted one could get one before it was too late, but she said that was just not possible. While I don't agree with their reasoning, I am going to abide by it. Among the pictures they removed were 4 that had absolutely nothing to do with Ford at all, and when I brought them to the paralegal's attention, she contacted CafePress, and said Ford no longer objected to them, and they then were restored. I spent quite a bit of time over the past couple days going through the store and changing some of the items names, and creating a few new items. We have 24 different single page 12 month calendars available, with images of members vehicles that weren't objected to, and from previous years calendars, so stop by and check them out! They're only $6.99 each, and are great for putting on the wall in your garage, kitchen, or bedroom! I don't know if we're going to have a 12 page calendar this year or not, I'm still working on some ideas, but now you all know why the 2008 RHC Member's Rides calendar we worked so hard on is no longer available. ___________________________ Chris ~ Webmaster "Remember, there are no stupid questions, just stupid people." -Mr. Garrison, South Park >>>The OFFICIAL God FAQ Website<<< Got a question? My Websites: Peckerwoods Pit Stop Bill Elliott Diecast KLOS Decals Jim Porter Racing John Richards Motorsports Jim's Fiero My MySpace Page My Facebook Page

10-31-07, 04:05 PM	#2
Jiffycake The Lush RHC Club Member # 0546 Join Date: Mar 2005 Location: Rockland, NY Age: 19 Main Ride: '91 GTi 8v Backup Ride: '02 Nissan Frontier XE Posts: 1,786 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* retarded.. ford tried to do the same thing for the ford restoration websites. I don't know if you ever heard of that case ___________________________ - Kevin "Can I have two of everything please?" ideas accumulating...

10-31-07, 04:29 PM	#3
grimreefer U.S. Merchant Marine RHC Club Member # 0361 Join Date: Apr 2004 Location: Earth Age: 42 Main Ride: 08 TBSS Backup Ride: 08 Chevy Colorado Posts: 3,012 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* Sorry guys... didn't know Ford would be so fuckin' retarded when I submitted mine. As of now though... Fuck Ford and fuck lawyers and hello Chevy/Dodge dealers. ___________________________ 08 BGM Trailblazer SS (3SS/2WD) - Bone Stock = slooooooooooow Now we'll REALLY find out if "dissent is patriotic".

10-31-07, 04:38 PM	#4
alleygirl5.0 Schoolgirl Join Date: Nov 2006 Location: Where the stars at night are big and bright! Age: 22 Main Ride: 2004 Mach 1 Backup Ride: 1994 Dodge Ram CUMMINS :) Posts: 4,340 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* have these MF's ever been to a car show? theres your infringement for ya... anyhow i'd be like hell yes free advertisement... ___________________________ Men have two emotions: Hungry and Horny. If you see him without an erection, make him a sandwich.

10-31-07, 04:50 PM	#6
$ Bigred90gt Elvis Is In The Building RHC Club Member # 0128 Join Date: Jan 2003 Location: The Dirty Bay (aka Baytown, TX) Age: 29 Main Ride: 04 Competition Orange GT Posts: 11,106 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* Wow. Just, wow. I really like Fords, and have owned 7 of them with no intention of buying anything else. But, to be honest, this is pretty much a deterrent for me. I cant say, 100% without a doubt, that I will buy a ford for my next vehicle. Until 5 minutes ago, I could. ___________________________ Caymon Member #128 Check out My Rides! BE SURE TO DONATE TO THE CAUSE!!!!!!!

10-31-07, 04:54 PM	#7
$ Jimi Fuckstick Sally RHC Club Member # 0396 Join Date: Jun 2004 Location: Greer, SC Age: 32 Main Ride: 05 Chevy Silverado Backup Ride: 99 Jeep GC Laredo Posts: 9,962 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* Protect the quality of their product image...what the fuck ever. Their mass-producing asses are so far in the fucking red, they are trying to seek money where ever they can get it. Fuck Ford. The other two of the Big 3 aren't hitting us up. That should tell you something. Fucking money-grubbing peices of shit. I hope Ford comes here and reads all the shit we say about them too. ___________________________ Jimi

10-31-07, 04:57 PM	#8
alleygirl5.0 Schoolgirl Join Date: Nov 2006 Location: Where the stars at night are big and bright! Age: 22 Main Ride: 2004 Mach 1 Backup Ride: 1994 Dodge Ram CUMMINS :) Posts: 4,340 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* you tell 'em! oh wait... i own 2 fords, but my mopars are screamin too! ___________________________ Men have two emotions: Hungry and Horny. If you see him without an erection, make him a sandwich.

10-31-07, 05:02 PM	#9
$ Joe How about a drink? RHC Club Member # 0035 Join Date: Aug 2002 Location: Jupiter, Florida Age: 38 Main Ride: 1988 Ford Mustang GT Posts: 7,801 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* Yup, FUCK FORD! This really pisses me off, it wasn't like we were making any real money on the calendars either. FUCK YOU FORD. ___________________________ Joe! RHC

10-31-07, 05:12 PM	#12
Jiffycake The Lush RHC Club Member # 0546 Join Date: Mar 2005 Location: Rockland, NY Age: 19 Main Ride: '91 GTi 8v Backup Ride: '02 Nissan Frontier XE Posts: 1,786 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* Chris, did you ask if you could just edit out the ford logos, ponies, snakes, etc and still have the calender? They do it in insurance commercials and stuff ___________________________ - Kevin "Can I have two of everything please?" ideas accumulating...

10-31-07, 05:17 PM	#14
$ Jimi Fuckstick Sally RHC Club Member # 0396 Join Date: Jun 2004 Location: Greer, SC Age: 32 Main Ride: 05 Chevy Silverado Backup Ride: 99 Jeep GC Laredo Posts: 9,962 Arcade High Score: Coolness:	Re: The 2008 RHC Member's Rides Calendar is NO LONGER AVAILABLE * Details Inside* Fuck Our Riders Daily ___________________________ Jimi

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