The Unbearable Idiocy of Brands: Ford Runs Over Its Fansumers
As noted this week in BoingBoing, a gaggle of overzealous lawyers representing Ford Motor Company recently stomped all over their brand’s biggest enthusiasts.
The folks at (the) Black Mustang Club automotive forum wanted to put together a calendar featuring members’ cars, and print it through CafePress. Photos were submitted, the layout was set, and… (BMC was notified) that pictures of Ford cars cannot be printed. Not just Ford logos, not just Mustang logos, the car – as a whole – is a Ford trademark and its image can’t be reproduced without permission. So even though Ford has a lineup of enthusiasts who want to show off their Ford cars, the company is bent on alienating them.
Again and again and again and again we’ve learned that in the Social Media era, the CUSTOMERS ARE IN CONTROL of the brand.
Smart brands empower & applaud their customers’ content creation efforts, especially when those efforts are based on enthusiasm. With its pursuit of the BMC folks, Ford pulled the spark-plug right outta their hearts. How stupid. What a loss. It’s not as if the BMC effort was draining revenue from Ford’s coffers; if anything, any revenues resulting from calendar sales would help sustain a Ford Fan Club!
It’s sadly ironic that Ford won some well-deserved praise for their embrace of the Social Media Release: a genuine attempt to provide multimedia assets to anyone interested in participating in a conversation about the Ford Focus. Now I can’t help but wonder if that release slipped out the backdoor, without the Legal Department’s vetting?
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I’ve read it elsewhere that marketing folks need to be more involved than the legal team when it comes to trademark and related protection. Lawyers have their job to do, but in doing so, they often piss off customers and prospects.
Didn’t the Grateful Dead encourage concert goers to record and photograph the band?
HHMMMMM, I wonder how much that “stealing” hurt their album and memorabilia sales? Not much I bet, and the Grateful Dead, from my perception, has one of the best cult-like, dedicated following of any of the great rock ‘n’ roll bands.
Ford has — had — a chance to do the same with the Mustang club and blew it.
Mike
Excellent post Todd. It’s articles like this that are going to get marketers and lawyers to rethink how they approach their community.
If you’re not encouraging their enthusiasm then you’re stifling it.
You’d think that the RIAA would learn from this too.
They would have helped the brand and community and get punished for it. That’s not common sense to me.
I could see a company being upset if something like this put the company in a bad light. In this case is free advertising and promotion of a brand that is sinking financially. At $6.02 per share, the company can scarcely afford to lose good will and free marketing.
I paid $50 just for the licensed Ford gas cap in my URL. I think I own the rights to show my “rear end” online to Ford on this one!
Wow, considering the plight of Ford and other automakers one would think they would be enlisting ‘free’ marketing rather than disuade it.
That’s a crazy story! For example harley davidson has a huge cult all over the world! Image if they did the same as Ford did?!?!
don’t need to be very smart to now the answer, right?
eh? Now this is truly baffling. I worked in motoring journalism in one form or other for a considerable period in the UK. I don’t recall ever asking the permission of the manufacturer to publish pictures of their vehicles – even if they came off badly in a comparison test.
Is the law different in the states?
I’d be interested in the technical controls if anyone can clarify.
Taken to its logical extent, do the police have to seek permission each time they print out a photograph of a car breaking a speed limit or running a red light?
This just seems mad beyond (literally) belief. So I’d love more if you have it.
But on your substantive point that Ford is crazy to reject this fansumer out-pouring of love… absolutely. Can I point you at this equally crazy and legally constrained example:
http://fasterfuture.blogspot.com/2007/11/it-seems-lessons-of-mash-up-culture-are.html
My name is Whitney Drake and I work in Ford Communications.
We’ve been watching this discussion with interest and I’d like to clarify what is essentially a misunderstanding.
Yesterday we spoke to both Cafe Press and the Black Mustang Club and explained the situation (about the Black Mustang Club’s calendar) to everyone’s satisfaction. Ford has no problem with Mustang or other car owners taking pictures of their vehicles for use in club materials like calendars. What we do have an issue with are individuals using Ford’s logo and other trademarks for products they intend to sell. Understandably, we have to take the protection of our brands and licensing very seriously.
Ford did not send the Black Mustang Club a “cease and desist” letter telling them that they could not use images of their own cars in their calendar. The decision not to allow the calendars to be printed was made by Cafe Press, because we had gotten in touch with them in the past about trademark infringements on products they sold.
The Black Mustang Club, and any other Ford enthusiast club, are free to take pictures of their own vehicles for use in calendars or other materials as long as they don’t use Ford trademarks in products that will be sold.
I think it is great that the Black Mustang Club, and any other enthusiast club, would take pictures of their own vehicles for use in calendars or other materials.
I’m looking forward to purchasing a copy to hang in the garage next to my Mustang (even if mine isn’t black).
Thanks for giving us the chance to have our say.
Whitney,
I’m confused. How is that you are “looking forward to purchasing a copy to hang in the garage next to my Mustang” if, as you say, “The Black Mustang Club … are free to take pictures … as long as they don’t use Ford trademarks in products that will be sold.”