<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Ford gets confused and shoots itself in the foot</title>
	<atom:link href="http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/feed/" rel="self" type="application/rss+xml" />
	<link>http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/</link>
	<description>Costin on IP, IT, Media, and Business Law</description>
	<lastBuildDate>Tue, 29 Dec 2009 06:46:22 -0800</lastBuildDate>
	<generator>http://wordpress.org/?v=2.8.6</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: weblawg.net: Information Society through the Prism of Law &#187; Blog Archive &#187; What would you call open-source marketing?</title>
		<link>http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/comment-page-1/#comment-1403</link>
		<dc:creator>weblawg.net: Information Society through the Prism of Law &#187; Blog Archive &#187; What would you call open-source marketing?</dc:creator>
		<pubDate>Sat, 27 Dec 2008 04:15:56 +0000</pubDate>
		<guid isPermaLink="false">http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/#comment-1403</guid>
		<description>[...] time ago, I posted about Ford&#8217;s order to a black Mustang fan club to stop publishing a calendar of pictures of their cars. I wonder what [...]</description>
		<content:encoded><![CDATA[<p>[...] time ago, I posted about Ford&#8217;s order to a black Mustang fan club to stop publishing a calendar of pictures of their cars. I wonder what [...]</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Nimda Sys</title>
		<link>http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/comment-page-1/#comment-65</link>
		<dc:creator>Nimda Sys</dc:creator>
		<pubDate>Fri, 28 Mar 2008 20:04:10 +0000</pubDate>
		<guid isPermaLink="false">http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/#comment-65</guid>
		<description>&lt;strong&gt;Note:&lt;/strong&gt;  &lt;em&gt;The post above from &quot;Humiliated Customer&quot; was edited to remove the names of those involved, and for many spelling mistakes (thus for readability).
Humiliated Customer&#039;s comments are his own opinion and story, and not necessarily shared or condoned or verified by any controlling parties to this blog.&lt;/em&gt;</description>
		<content:encoded><![CDATA[<p><strong>Note:</strong>  <em>The post above from &#8220;Humiliated Customer&#8221; was edited to remove the names of those involved, and for many spelling mistakes (thus for readability).<br />
Humiliated Customer&#8217;s comments are his own opinion and story, and not necessarily shared or condoned or verified by any controlling parties to this blog.</em></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Humiliated Customer</title>
		<link>http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/comment-page-1/#comment-47</link>
		<dc:creator>Humiliated Customer</dc:creator>
		<pubDate>Mon, 24 Mar 2008 21:35:15 +0000</pubDate>
		<guid isPermaLink="false">http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/#comment-47</guid>
		<description>What about False Advertising?
I&#039;ve run into a obvious case of this with the local Ford dealer, recently.
  I was humiliated in public (in the showroom) by the Used Car Sales Manager.
  I had expected to speak to a General manager in a private office, to plead my case. not the case. 
  Used Car Sales Manager


On Friday March 14th 2008 @ 5:30pm, 
First saw G----, I filled out what I thought was a servy? turned out it was a credit app?    
 He came back and said i was in bankruptcy, I told him I was not, Showed him proof that id been released and discharged in 1996.
  He went to go show his boss the document i lent him proving myself. 
  He came back and said it was still showing up on my credit, that i was in bankruptcy.He said &quot;Theres Nothing I can do for you, My Friend.&quot; and motioned for us to leave.
   I asked to see the general Manager.
  I was made to wait some time, then finally seen at a table in the showroom, by a short bald man in his 40&#039;s (K---- --------). His demeanor seemed to be one of disgust and anger. Barely containing himself and very obvious Contempt for me. looked like he was going to explode. 
  I explained that I was not in Bankruptcy, tried to show him my document, He Repeatedly told me that I had Horrible credit, &quot;The worst he&#039;s ever seen!&quot; He pointed out that my credit report did say that I was discharged in 1996, I asked why it was still showing up? he then pointed to some bad marks on my report, stating over and over again that &quot;I was a horrible person, the worst credit he&#039;d ever seen!&quot; I kept calm and pleaded my case that the info was incorrect. I noticed that what he was pointing to, was printed; R-1, R-1, R-5, R-1, R-3, R-1, R-1, R-5, R-1 and so on. 
  I explained to him that I had leased a 1998-Ford F-150 in 1999 to 2000, That I had made the payments Faithfully, never missed one payment. 
  I asked if this was reported on my buro, he said no.
He continued to Berate me, I told him that my common law wife has a GMAC NEW car loan now, He didn&#039;t want to see her.
  I told him that I also had two or three trade Ins. He didn&#039;t care.
  I repeatedly pointed to the add that I had responded to that clearly stated that CREDIT AMNESTY! ALL APPLICATIONS ACCEPTED. GUARANTEED.
  He Smugly said several times &quot;theres Limits to everything.&quot;
  He insulted me several more times. I asked for his card and left.
  Ive never been treated so badly in my life, 
  All I wanted to do was try to turn my credit around. I would have been happy with any used P.O.S. crew cab truck.

Humiliated for thinking FORD. thanks</description>
		<content:encoded><![CDATA[<p>What about False Advertising?<br />
I&#8217;ve run into a obvious case of this with the local Ford dealer, recently.<br />
  I was humiliated in public (in the showroom) by the Used Car Sales Manager.<br />
  I had expected to speak to a General manager in a private office, to plead my case. not the case.<br />
  Used Car Sales Manager</p>
<p>On Friday March 14th 2008 @ 5:30pm,<br />
First saw G&#8212;-, I filled out what I thought was a servy? turned out it was a credit app?<br />
 He came back and said i was in bankruptcy, I told him I was not, Showed him proof that id been released and discharged in 1996.<br />
  He went to go show his boss the document i lent him proving myself.<br />
  He came back and said it was still showing up on my credit, that i was in bankruptcy.He said &#8220;Theres Nothing I can do for you, My Friend.&#8221; and motioned for us to leave.<br />
   I asked to see the general Manager.<br />
  I was made to wait some time, then finally seen at a table in the showroom, by a short bald man in his 40&#8217;s (K&#8212;- &#8212;&#8212;&#8211;). His demeanor seemed to be one of disgust and anger. Barely containing himself and very obvious Contempt for me. looked like he was going to explode.<br />
  I explained that I was not in Bankruptcy, tried to show him my document, He Repeatedly told me that I had Horrible credit, &#8220;The worst he&#8217;s ever seen!&#8221; He pointed out that my credit report did say that I was discharged in 1996, I asked why it was still showing up? he then pointed to some bad marks on my report, stating over and over again that &#8220;I was a horrible person, the worst credit he&#8217;d ever seen!&#8221; I kept calm and pleaded my case that the info was incorrect. I noticed that what he was pointing to, was printed; R-1, R-1, R-5, R-1, R-3, R-1, R-1, R-5, R-1 and so on.<br />
  I explained to him that I had leased a 1998-Ford F-150 in 1999 to 2000, That I had made the payments Faithfully, never missed one payment.<br />
  I asked if this was reported on my buro, he said no.<br />
He continued to Berate me, I told him that my common law wife has a GMAC NEW car loan now, He didn&#8217;t want to see her.<br />
  I told him that I also had two or three trade Ins. He didn&#8217;t care.<br />
  I repeatedly pointed to the add that I had responded to that clearly stated that CREDIT AMNESTY! ALL APPLICATIONS ACCEPTED. GUARANTEED.<br />
  He Smugly said several times &#8220;theres Limits to everything.&#8221;<br />
  He insulted me several more times. I asked for his card and left.<br />
  Ive never been treated so badly in my life,<br />
  All I wanted to do was try to turn my credit around. I would have been happy with any used P.O.S. crew cab truck.</p>
<p>Humiliated for thinking FORD. thanks</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: seva</title>
		<link>http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/comment-page-1/#comment-14</link>
		<dc:creator>seva</dc:creator>
		<pubDate>Fri, 18 Jan 2008 19:15:38 +0000</pubDate>
		<guid isPermaLink="false">http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/#comment-14</guid>
		<description>Two points:

&quot;Under likeness rights as explained in Poirier, Ford would be claiming that the BMC, by using images of Ford Mustangs in their calendar, is implying that Ford endorses them. Frankly, I find that ridiculous. Ford is taking legal action against a club of enthusiasts for their flagship product because its existence and boasting enthusiasm, evidenced through photos of the cars, may imply that Ford endorses this club? The arguments here are so circular that I’m getting dizzy.&quot;

Isn&#039;t this possibly conflating the issue of causation and damages? If Ford can prove that the pictures in the calendar can imply endorsement, it has possibly established causation. But the question is then what are the damages that it has suffered or will suffer? Unless this is a per se tort, I don&#039;t even see enough here for an injunction.

Re trademarks
s. 7(b) reads:
(b) direct public attention to his wares, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his wares, services or business and the wares, services or business of another;

Now, I haven&#039;t checked what uses the Ford trademark covers, but it is theoretically possible that the use of the images of Ford Mustang cars in the calendar (if the car itself is indeed a trademark), and possibly even the use of the terms Ford and Mustang, may create confusion as to who is the publisher or at least endorser of the calendar.

Don&#039;t get me wrong, I think that their case not worth the bits that the articles written about it contain, but the legal possibilities are always endless :)</description>
		<content:encoded><![CDATA[<p>Two points:</p>
<p>&#8220;Under likeness rights as explained in Poirier, Ford would be claiming that the BMC, by using images of Ford Mustangs in their calendar, is implying that Ford endorses them. Frankly, I find that ridiculous. Ford is taking legal action against a club of enthusiasts for their flagship product because its existence and boasting enthusiasm, evidenced through photos of the cars, may imply that Ford endorses this club? The arguments here are so circular that I’m getting dizzy.&#8221;</p>
<p>Isn&#8217;t this possibly conflating the issue of causation and damages? If Ford can prove that the pictures in the calendar can imply endorsement, it has possibly established causation. But the question is then what are the damages that it has suffered or will suffer? Unless this is a per se tort, I don&#8217;t even see enough here for an injunction.</p>
<p>Re trademarks<br />
s. 7(b) reads:<br />
(b) direct public attention to his wares, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his wares, services or business and the wares, services or business of another;</p>
<p>Now, I haven&#8217;t checked what uses the Ford trademark covers, but it is theoretically possible that the use of the images of Ford Mustang cars in the calendar (if the car itself is indeed a trademark), and possibly even the use of the terms Ford and Mustang, may create confusion as to who is the publisher or at least endorser of the calendar.</p>
<p>Don&#8217;t get me wrong, I think that their case not worth the bits that the articles written about it contain, but the legal possibilities are always endless <img src='http://weblawg.costinmedia.com/wp/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Jeremy Smith</title>
		<link>http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/comment-page-1/#comment-13</link>
		<dc:creator>Jeremy Smith</dc:creator>
		<pubDate>Fri, 18 Jan 2008 18:32:19 +0000</pubDate>
		<guid isPermaLink="false">http://weblawg.costinmedia.com/wp/intellectual-property/ford-gets-confused/#comment-13</guid>
		<description>As it turns out my Mom owns the rights to me ( having created me ) and is now demanding %50 of my pay because if she didn&#039;t make me I would not be able to work and generate an income.

What kind of a world is this eh?</description>
		<content:encoded><![CDATA[<p>As it turns out my Mom owns the rights to me ( having created me ) and is now demanding %50 of my pay because if she didn&#8217;t make me I would not be able to work and generate an income.</p>
<p>What kind of a world is this eh?</p>
]]></content:encoded>
	</item>
</channel>
</rss>
