Ford sueing Ferrari over "F150" name

[PSfan]

The complaint that Ford filed states quite clearly that they field the action on the grounds of
The "Anti-Cybersquatting Consumer Protection Act". It is legislation that is in place for protecting Internet domain names and the commerce associated with them. Read post #115 again.
The Link I provided is the one that Ford filed in Federal court
You are right in the sense that Ferrari didn’t do their homework in this matter.
Here is the complaint I would paste iy but it is a PDF
http://cache.gawkerassets.com/assets.../02/0002xn.jpg

Not sure if that is suppose to be the same image as your post #115, but it clearly states:

"Ford files this action against Ferrari for trademark dilution, trademark infringement, false designation of origin, and cyberpiracy..."

[PSfan]

Again - Please READ what you've posted:
Applicants who seek to register a mark without any claim as to the manner of display must submit a standard character drawing that complies with the requirements

A drawing is a GRAPHIC!

You can not trademark a "name". A trademark is a graphic representation of something; and you keep on providing proof that this is the case.

Effective November 2, 2003, Trademark Rule 2.52, 37 C.F.R. §2.52, was amended to replace the term “typed” drawing with “standard character” drawing. Applicants who seek to register a mark without any claim as to the manner of display must submit a standard character drawing that complies with the requirements of 37 C.F.R. §2.52(a).

807.03(a) Requirements for Standard Character Drawings

A standard character drawing must show the mark in black on a white background. An applicant may submit a standard character drawing if:

· The mark does not include a design element;

· All letters and words in the mark are depicted in Latin characters;

· All numerals in the mark are depicted in Roman or Arabic numerals;

· The mark includes only common punctuation or diacritical marks; and

· No stylization of lettering and/or numbers is claimed in the mark.

37 C.F.R. §2.52(a).

If the applicant files an application on paper, the applicant may depict the mark in any font style; may use bold or italicized letters; and may use both uppercase and lowercase letters, all uppercase letters, or all lowercase letters, since no claim is made to any particular font style, size, or color. The applicant does not have to display the mark in all uppercase letters. If filing electronically via the Trademark Electronic Application System (“TEAS&#8221 , the applicant may neither depict the mark in any particular font style nor use bold or italicized letters. TEAS will automatically convert any wording typed into the standard-character field to a standardized typeface.

[Kevincal]

sueing is for pussies

[Tazio]

Not sure if that is suppose to be the same image as your post #115, but it clearly states:

"Ford files this action against Ferrari for trademark dilution, trademark infringement, false designation of origin, and cyberpiracy..."

I was under the impression that you can be guilty of cyberpiracy without having your domain name trademarked under The "Anti-Cybersquatting Consumer Protection Act". (and maybe you can) But having re-read the "Act" again it does use the terms trademark or "mark" in all of it's definitions.
And yes Ferrari behaved badly in releasing a vindictive comment!

[Rollo]

Effective November 2, 2003, Trademark Rule 2.52, 37 C.F.R. §2.52, was amended to replace the term “typed” drawing with “standard character” drawing. Applicants who seek to register a mark without any claim as to the manner of display must submit a standard character drawing that complies with the requirements of 37 C.F.R. §2.52(a).
...
If the applicant files an application on paper, the applicant may depict the mark in any font style; may use bold or italicized letters; and may use both uppercase and lowercase letters, all uppercase letters, or all lowercase letters, since no claim is made to any particular font style, size, or color. The applicant does not have to display the mark in all uppercase letters. If filing electronically via the Trademark Electronic Application System (“TEAS”), the applicant may neither depict the mark in any particular font style nor use bold or italicized letters. TEAS will automatically convert any wording typed into the standard-character field to a standardized typeface.

And the regulation you've posted still describes a graphic device. It's so gosh darn easy when you're doing all the work for me.

[Hawkmoon]

Yah, cause there wouldn't have been a slew of t-shirts, baseball caps, and die-cast cars sold all over the place with Ferrari F150 if Ford hadn't stepped in. Also there won't be any of those fried chicken loving americans driving their F150 trucks to Montreal to see a race.


Oh and on to something I just thought was to funny to ignore:

I say again, how does an F1 car called the Ferrari F150 damage Ford in any way shape or form? How do t-shirts and model cars steal sales from Ford? Somebody wants a model pickup truck and orders an F1 car by mistake?

How do Ferrari benefit from the "good name" of the pickup? Were they hoping to sell more F1 cars by associating with the F-150 name? Pity they don't sell F1 cars commercially. I can't see how people looking for a t-shirt with "Ford F-150" could get confused by a t-shirt "Ferrari F150" on it. Becuase if "F-150" and "F150" are easily confused then "Ferrari" and "Ford" certainly aren't. If they were, would Ford have sued Ferrari years ago for having the temerity to use an "F" in their compay name?

And as for our mullet-wearing, fried-chicken eating friends who might be inclined to drive up to the Canadian Forumla One Grand Prix, do you really think they'll go expecting to see a couple of pickup trucks wallowing around the Montreal circuit?

I agree that Ford have a right to protect their trademarks, real or otherwise. But I maintain that they were being stupid in taking legal action against Ferrari when there is no way the two cars could be confused by any reasonable person.

Oh, and that picture is brilliant!

[PSfan]

And the regulation you've posted still describes a graphic device. It's so gosh darn easy when you're doing all the work for me.

Fine, ford trademarked a variable graphic. it doesn't matter what that graphic looks like, if it depicts f-150 and its on an automobile then its covered by ford's trademark. happy?

[Rollo]

Fine, ford trademarked a variable graphic. it doesn't matter what that graphic looks like, if it depicts f-150 and its on an automobile then its covered by ford's trademark. happy?

Correct. It doesn't matter what the graphic looks like. I don't think that the law allows the trademarking of a "variable graphic" though. I would wager than every time the mark was changed, it would require a new trademark.

However a name of itself is NOT a trademark.
If a Nepalese car company wanted to call a car a Mustang for instance, then they could perfectly do so with total impunity because a name can not be copyrighted.

[PSfan]

Oh hell, I've already missed chuck and castle... hope they weren't new...

Correct. It doesn't matter what the graphic looks like. I don't think that the law allows the trademarking of a "variable graphic" though. I would wager than every time the mark was changed, it would require a new trademark.

That is why I included the "TEAS will automatically convert any wording typed into the standard-character field to a standardized typeface." The trademark in regards to the f-150 is a standard character mark, meaning it doesn't matter how its depicted on an automobile its ford's, and because of that, doesn't require its mark to be updated for every f-150 logo change.

However a name of itself is NOT a trademark.
If a Nepalese car company wanted to call a car a Mustang for instance, then they could perfectly do so with total impunity because a name can not be copyrighted.

This is a grey issue, I can't seem to find a auto trademark for mustang (though ford has used a standard character mark for mustang in regards to perfumes and air fresheners, and a whole lot of "pony girl by mustang" so its probably just hidden, heck apperantly in and around 2006 ford went on the warpath to protect its mustang trademark, so there must be one, I just can't find it... :P

FRAK THIS:

How to Trademark a Word or Phrase: http://www.ehow.com/how_5714398_trad...rd-phrase.html

Really? Can You Do That? How to Trademark a Word
Read more: http://www.brighthub.com/office/entr...#ixzz1FyyqCPkE

[Rollo]

This is a grey issue, I can't seem to find a auto trademark for mustang (though ford has used a standard character mark for mustang in regards to perfumes and air fresheners, and a whole lot of "pony girl by mustang" so its probably just hidden, heck apperantly in and around 2006 ford went on the warpath to protect its mustang trademark, so there must be one, I just can't find it... :P

http://www.hulasmotors.com/flash/mustang.htm
The Hulas Mustang was launched back in 1996, there has never been an issue because you can not trademark a name.

The first link you provided talks about a logo. A logo is a GRAPHIC!
http://www.ehow.com/how_5714398_trad...rd-phrase.html
Decide whether you would like to use plain text or a stylized logo in your trademark registration. If you want to use a logo,
Trademarks are for GRAPHICS. This is how they work. That's what they are. A word of itself is not a graphic and therefore can not be trademarked.

The other link you provided says that:
A trademark in other words is a distinguishing mark
http://www.brighthub.com/office/entr...#ixzz1FyyqCPkE
A distinguishing mark is something affixed to a physical product. A "distinguishing mark" still describes a graphic device.

Everything you've provided with regards a trademark describes a graphical device affixed to a product, or something if displayed by itself would still be that same graphic device. That's what a Trademark by legal definition.