trademark infringement without infringing a trademark?

[CoreyHM1]

Ok i make decals, mostly ferd emblem overlays which alot of you have bought from me. This includes decals that say Fast, terminator, cobra, sick 2v, sick 3v... on and on. NOTHING i sell has nor resembles ferds name.

ive been selling for two years, i get an email from ebay today telling me that my listings have been removed per ferd motor company's request due to trademark infringement.

If im in the wrong, then so be it... im not a lawyer. But how is this trademark infringement. Nothing i sell has ferds name, and never has for this reason. They even took down a few things i made myself from scratch including the 302 hash marks i make. I understand a couple could be questionable, but still did not use the ferd name and turned down everyone that asked me too, ive heard way too many stories. There are legit infringement decals on ebay bearing ferds name that are still up. I guess thats what i get for trying to stay legal and honest lol. I guess ferd can request ebay to take down a betty crocker frying pan since its round like a ferd emblem

It was nice providing decals to some of you guys. screw the little man and his hobbies :banana:

Anyone have input on this, is there a grey legal area? I didnt make much doing it, i just enjoyed the hobby since a lot of people like them.

I did call ebay, and of course they could not give me a answer as to why since nothing i sold said ferd anywere on it...

*sorry im affraid to say the word FORD
[/rant]

posted in donut shop in case there is something legal about it i dont know, i dont see how. Thanks!

 

[RDJ]

LOL and people, when I warn them about this stuff, say ford won't do anything to them. if you already know a couple are questionable I am willing to bet Ford sees more than a couple as questionable.

 

[CoreyHM1]

Well none of them are, the only i would consider questionable is the Fast decal, the font is similar but completely redesigned. I have photos of all of them

 

[RDJ]

Well none of them are, the only i would consider questionable is the Fast decal, the font is similar but completely redesigned. I have photos of all of them

but did you do a trademark search to see what they have registered as tradmarks. I haven't see what you sell but you said "A COUPLE OF THEM COULD BE QUESTIONABLE" and now you are saying none of them are but one you might consider questionable. you're flip flopping.

 

[Hwy. Chile]

Take for example "cobra", as a decal for a windshield, Ford has rights in that and can require you to cease and desist

 

[CoreyHM1]

^ thats understandable. But i didnt use their logo, a cobra is a snake anyway lol. Stuff like that i just used some bold text.

I was just trying to figure it out, but hell even ebay couldnt tell me what i did.

Doesnt really make a difference to me, im just trying to make decals for people legally. I dont think i did anything wrong. Im sure there are some possibilites, but i dont see ford owning the rights to sick 2v, my stripes.. or a decal that said 3.8L V6 or 4.6L V8 in arial text which they also took down

 

[RDJ]

do you have a link to pics?

^ thats understandable. But i didnt use their logo, a cobra is a snake anyway lol. Stuff like that i just used some bold text.

I was just trying to figure it out, but hell even ebay couldnt tell me what i did.

Doesnt really make a difference to me, im just trying to make decals for people legally. I dont think i did anything wrong. Im sure there are some possibilites, but i dont see ford owning the rights to sick 2v, my stripes.. or a decal that said 3.8L V6 or 4.6L V8 in arial text which they also took down

 

[Hwy. Chile]

Serial Number 74467673
Trademark Electronic Search System (TESS)
Registered trademark for cobra in the field of bumper stickers and decals.

 

[Hwy. Chile]

^ thats understandable. But i didnt use their logo, a cobra is a snake anyway lol. Stuff like that i just used some bold text.

I was just trying to figure it out, but hell even ebay couldnt tell me what i did.

Doesnt really make a difference to me, im just trying to make decals for people legally. I dont think i did anything wrong. Im sure there are some possibilites, but i dont see ford owning the rights to sick 2v, my stripes.. or a decal that said 3.8L V6 or 4.6L V8 in arial text which they also took down

Ford has rights in the word cobra in certain fields of use. It is not limited to the cobra logo (snake)

 

[Hwy. Chile]

^ thats understandable. But i didnt use their logo, a cobra is a snake anyway lol. Stuff like that i just used some bold text.

I was just trying to figure it out, but hell even ebay couldnt tell me what i did.

Doesnt really make a difference to me, im just trying to make decals for people legally. I dont think i did anything wrong. Im sure there are some possibilites, but i dont see ford owning the rights to sick 2v, my stripes.. or a decal that said 3.8L V6 or 4.6L V8 in arial text which they also took down

eBay is probably being overly cautious and pulling everything down. And eBay probably doesn't question the request from ford and just complies.

 

[CoreyHM1]

i gotcha, if the cobra one or something wasnt okay then thats cool. They couldve taken down those. But not everything i had, since i know for a fact most all of them had 0 threat

 

[Hwy. Chile]

i gotcha, if the cobra one or something wasnt okay then thats cool. They couldve taken down those. But not everything i had, since i know for a fact most all of them had 0 threat

Go to United States Patent and Trademark Office and search the registered trademarks, to see if you are likely clear.

 

[LogiWorld123]

Trademarks have to be vigorously defended by letter of the law unfortunately.

 

[oldmodman]

Just re-open another trading site under a different name.
When that one gets closed down - repeat.

And please put up examples of your products. I'll ask my business partner about them since he handles intellectual property rights cases.

 

[02gtkev]

kinda like what happened to black mustang club a few years back.

They used to have a yearly calender, but ford made them to cease and desist on it, due to the fact ford owns any picture of your car due to trademark and copyrights.

 

[RDJ]

This is 100% untrue and even ford said so.

FORD did not make them cease and desist from the calendar. CafePress refused to print the calendar based on some communication they had received from Ford regarding use of Ford Logos. That got twisted into Ford owning pictures you take of your car and Ford quashing the calendar. a LOT of the shit storm was caused by posts like this that misrepresented facts or outright lied about what the facts were.

here is the update that you apparently missed:

UPDATE: The issue has been resolved. Ford Car Communication's Whitney Drake tells us "Mustang (and other car owners) can take pictures of their cars and make calendars and sell them to whomever they like. They can't however use Ford logos in the calendar." She further clarifies, "The club (Black Mustang Club) and cafe press (or another printer) now has permission to print the calendar. Apparently, CafePress misunderstood the intent of an earlier communication from Ford regarding the use of trademarks on other products they sold when it told Black Mustang Club it would not print its calendars.

in other words you can have your calendar, pics of your rides, etc but you can't put a ford logo on the front page without getting fords permission for example.

kinda like what happened to black mustang club a few years back.

They used to have a yearly calender, but ford made them to cease and desist on it, due to the fact ford owns any picture of your car due to trademark and copyrights.

 

[fred3438]

trademark infringement allegations

I have good info for you about trademark infringement allegations. Contact me Fred3438 at gmail

 

[RDJ]

I have good info for you about trademark infringement allegations. Contact me Fred3438 at gmail

why not just post it here where others with the same questions can see it?

 

[jshen]

Freddy can't

Fred has taken a permanent leave of absence.

Jeff

 

[SID297]

Well none of them are, the only i would consider questionable is the Fast decal, the font is similar but completely redesigned. I have photos of all of them

Ford owns that font style.

Ford has rights in the word cobra in certain fields of use. It is not limited to the cobra logo (snake)

True

eBay is probably being overly cautious and pulling everything down. And eBay probably doesn't question the request from ford and just complies.

Correct, this is due to eBay being liable for infringing material being sold on its site.

Trademarks have to be vigorously defended by letter of the law unfortunately.

True