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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Whitney,
I guess I don’t understand how someone can’t take a picture of “your” vehicles, put it on something and sell it. Isn’t this what Car & Driver, Automobile and Road & Track do every month?
When I bought my Focus, I figured it was mine, lock,stock and barrel. I guess you guys think you’re going to be like these software behemoths who try to control their product’s use after the sale has been consummated.
Does every toy maker pay royalties to Ford?
Look I think Ford makes great products, but seriously, get the lawyers in check. Your stock dropped to $5.81 on 14 Jan 08. You need the help – trust us.
Rafe makes a good point, but more importantly, isn’t there room for common sense in the legal-driven desire to protect your brand and handle licensing issues?
Sure, this might not be an officially licensed Ford calendar, but putting the brakes on it strikes me as heavy handed and short sighted. The potential for fostering current and creating new enthusiasts seems too great to pass up.
This is the big takeaway for me from reading this comment stream: Ford is listening. I think clarification on the photos with Ford that have a ford emblem in them is good, but not as important as Ford showed up here and participated in the ocnversation. Sounds like all of Detroit has wisened up to the importance of social media.
Whitney didn’t say she was against People using Ford imagery… she said “trademarks”
“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.”
It seems fair to me that Ford should protect their trademarks doesn’t it?
Those trade marks have little TMs next to them. They are typically logos, not photos.
There is no trademark infraction from using photos, that is why there never was a problem here…
I agree with Geoff. The fact that big companies are starting listen to/join in conversations is promising. Hopefully it’ll help them to be proactive and head off situations like this one before it gets started. I guess that falls under the “best defense is a good offense” category. I do also understand the Ford has to protect trademark, etc. and I think this case is a strong reminder of the fact that lawyers usually win the day.
Rafe: It sounds as if the car club members can create and sell a calendar using photos of their cars, but they can’t put (for example) a graphic of the Ford logo on it. That would imply that the calendar is a Ford product. Maybe?
What I’m wondering is, can they put a closeup photo of a car’s Ford logo on the calendar? Does the owner of the car own that instance of the logo?
It’s important to remember one key point about trademark law – while it gives the trademark owner the right to protect the name; it’s really aimed at protecting the consumer. Helping protecting the consumer from being deliberately or unknowingly misled into purchasing another offering that used similar imagery, name, design or logo.
Instead of trying to control and curtail the amazing passion of Mustang owners and fans of the cult muscle car – Ford should not only allow their Fans to go wild, with Black Mustang Club calendars and such, but fully embrace and actively support these spirited endeavors. How much would Ford marketing pay to see a Ford sponsored 2008 Mustang calendar hang in every Gearhead’s garage – or every young kids bedroom wall next to a poster of Megan Fox or Radiohead??? I bet Millions.
And here they are trotting upon the passions of the very customer base they are hoping to sell more Mustangs. If I were Ford, I’d hope the iconic Ford Logo was readily displayed in the Black Mustang calendar. I’d even open up the old vault of historic photos from the Ford marketing archives to showcase how the original Mach I, GT Coupe, Fastback and Shelby’s looked like as they rolled off the line – all those years ago. Wouldn’t Ford Motor Company rather the classic Mustang be thought of as ‘The Ford Mustang’- and not just a great car from an era gone by.
Oh and BTW – Wasn’t the Mustang name originally inspired by the spirited, wild and free Mustang stallions that openly roamed the west. Perhaps it’s something Ford should remember as well.
~Bob C.
it is encouraging to see Whitney take part in this discussion, I do think it is important to clarify exactly what the club can and cannot do however. As other people have written, is it possible to take a picture of a ford vehicle with the logo appearing in the picture, and sell that product?
So: cars yes, logos no. What about the logo on the car? What percentage of the image can be logo before the brand police get called in? What is fair use for products and logos?
FYI @squeezy “For example harley davidson has a huge cult all over the world! Imagine if they did the same as Ford did?!?!”
Ummm… Harley Davidson does do this. They even trademarked the SOUND of their motorcycles, the appearance of the motor, etc. Do a few searches on google, you’ll find plenty of trouble.