I just read about the lawsuit between fomoco and Obsolete Ford P

[Guest]

Has anyone seen this? What do you think?

Corporate Giant Ford Motor Company Reneges on Deal with Small Family Business

OKLAHOMA CITY -- A 29-year romance between a local business and Ford Motor Company is headed for trouble. It?s all over the local business? name, which the corporate giant wants changed.

Caught in the crosshairs of a major lawsuit is Obsolete Ford Parts, a family-run venture which for three decades has sold new parts for old Fords. Now the Detroit auto maker wants Obsolete to remove the word "Ford" from its name or face severe civil penalties. Obsolete?s only choice is to "give in" or incur heavy legal costs to defend.

"Obsolete Ford parts are what we sell, and that?s what we?ve sold since 1974", explained Dale Bliss, owner of the retail outlet at 8701 South I-35. "Ford?s lawsuit is nothing short of an attempt to strip our family business of its identity."

The Ford lawsuit could put a huge financial crimp in Obsolete?s sales and jeopardize the parts purveyor?s future unless Obsolete and the Detroit denizen can patch up the now rocky relationship that until recently appeared to be the proverbial match made in heaven.

Four generations of Bliss family members are involved in the retail business, which has been purchasing Ford dealers? discontinued stock since the days of the Arab oil embargo. Obsolete resells the parts to restorers of antique and classic Ford automobiles.

"Dealers from across the nation call us to unload their dead (obsolete) inventory. That?s how we decided on our company name," said Bliss, whose love for old Fords dates back to his teenage days when he drove a ?34 Ford coupe to high school. Smitten by the Ford cupid?s arrows, Bliss? romance with Ford Motor Company eventually blossomed into a bustling business. Bliss? company sells obsolete Ford parts to walk-in, mail-order, and internet customers.

Now the Detroit giant wants the word "Ford" removed from Obsolete?s name and from Obsolete?s internet domain name, according to lawsuits filed in Michigan and Oklahoma.

"I?ve talked to Ford?s lawyers until I?m blue in the face," admits Bliss, producing a thick stack of correspondence dating back at least 10 years. "Back in 1993-1994, their lawyers cracked down on retailers? use of the word ?Ford? without authorization. Back then, Ford Motor Company explicitly approved of Obsolete Ford Parts for our name."

According to Obsolete?s files, Ford?s general counsel notified Bliss and others in late 1993 that unauthorized use of the word "Ford" would not be tolerated. Letters from that era, signed by Ford?s lawyers, reveal that the Detroit auto maker authorized Obsolete and scores of other restoration parts dealers to use the Ford name so long as the word "Ford" was preceded by a qualifying word which clearly indicated the parts were for restoration of old Ford automobiles a qualifying word such as "obsolete" or "classic" or "antique." "Yet Obsolete is the only company out of more than 100 other restoration parts retailers now facing a lawsuit in federal court," notes Bliss, who views Ford?s recent about-face as a sucker punch and a stab in the back.

Bliss believes Ford Motor Company has singled out his company for prosecution, but he doesn?t know why. "Scores of other retailers in the restoration parts industry continue to use the disputed word in their business names," asserts Bliss. "Not only has Ford Motor Company not sued them, they haven?t even contacted them to complain."

Selective prosecution? Or, in this case, what?s in a name?

"Plenty," says Bliss, "if your company sells a specific product which can be identified only by the company name. Without ?Ford? in our name, customers won?t know what we?re selling."

To Bliss, retention of his company name is crucial to his firm?s future.

Ford?s lawsuit stems from a 1999 cyberspace (computer) law enacted by Congress to thwart so-called cyber pirates from illegally using trademarked names. The Anticybersquatting Consumer Protection Act (ACPA), enacted in 1999, provides for damages of up to $100,000 for each bad faith use of a computer domain name such as "ford.com."

"The ACPA requires a ?bad faith? use of the disputed name," says Bliss, "and I never used obsoletefordparts.com in bad faith." In fact, the obsoletefordparts.com domain name mirrors the corporate title okayed by Ford?s lawyers in 1994 years before the ACPA was enacted.

Correspondence shows Ford Motor Company originally demanded that Obsolete transfer its domain name to them, then added a demand that Obsolete Ford Parts remove the word "Ford" from its name entirely. "This is the basis for Ford?s legal action against Obsolete," contends Bliss, who has been forced to retain lawyers specializing in such cases in an attempt to quell the legal fray and keep his business moniker.

A devout Ford automobile fan with a stable of blue oval vehicles, Bliss, age 56, can recall owning and driving old Fords long before he had a license. Now he, his company?s employees, and his entire family drive Ford vehicles. Even his offshoot business, Classic Chevrolet Parts, pulls its trailers to swap meets and trade shows with Ford trucks.

"By selling obsolete Ford parts, we?re directly involved in the restoration and preservation of old Fords," explained Bliss, an avid collector himself who has restored antique and classic Fords for 40 years and owned some of the rarest on the planet. "What we do benefits Ford Motor Company by way of free advertising. We?ve helped put thousands of old Fords back on the road."

But loyalty doesn?t matter, concludes Bliss, when Ford?s lawyers come knocking. Ford?s insistence that Bliss remove the disputed word from both his company name and his internet web site are viewed by Bliss as reneging by Ford Motor Company, who authorized the use of "Ford" by him and others.

That was then long before the trouble began, when the relationship was on solid ground, when Ford Motor Company made the parts and many Ford dealers sent the discontinued items Obsolete?s way, when Ford Motor Company referred people asking for hard-to-find parts to Obsolete Ford Parts in Oklahoma City, when Bliss? company didn?t have a dark legal cloud overhead. And this is now when Ford?s lawyers are determined to take away Obsolete?s name after giving the business name their blessing 10 years ago.

"It?s just a shame that Ford?s new lawyers got involved in this," Bliss said. "Otherwise, there wouldn?t be a problem."

I got this at http://www.obsoletefordparts.com/readallaboutit.html

[nearchoclatetown]

Volkswagen went through this same crap a few years ago. They even wasted there time to go to VW shows and threaten T-shirt vendors that used official logos on T-shirts and hats. One advertisement in a national magazine that showed the front of a VW bus had to have the VW emblem fuzzed out like the obscene name on the back of Jessy James' car. Not many years ago,people had forgotten who Carrol Shelby was. Along came the kitcar hobby and as soon as some of the manufactures became successful what does Ol' Shel do? Instead of thanking them for revitalising an Ol' Hasbeen, he sues there ass. VW gave up and went on their way, Ol' Shel lost in court, hopefully Ferd will too. In his commercials on TV, Bill doesn't look smart enough to know which side of the bread is buttered.

[rocketraider]

Wonder what they'll try to do to other businesses with "Ford" in the business name? Especially when owners of said businesses are named "Ford". Reckon the asinine lawyers will try to force people to change their family name? In this day and age, any stupid legal trick is probable.

It smacks of bored lawyers having nothing better to do, and I maintain that the biggest trouble with the current US litigation frenzy is the damned lawyers trying to drum business. Law is no longer a profession that commands respect, and I have little use for anyone who uses the courts for relief of every little thing. All it does is keep them busy, and anyone who has ever spent time in a courtroom will tell you people working in them live in their own little world.

My own thought is that ANY domestic automaker antagonizes their enthusiast and brand loyalty base at their peril. GM's rape and pillage of Oldsmobile has convinced me that I will never buy another new GM vehicle. And if they don't watch themselves, when the Feds pull the rug out from under the truck/SUV market General Motors is going down the tubes.

An aside- I once knew a Chevrolet salesman named Henry Lee Ford. Sold Chevys out the wazoo in South Boston VA back in the 60s. Wonder what Ford Motor Company would have thought of that? The dealer made a big deal of it in their advertising.

[6219_Rules]

This is just the kind of action that had me concerned over the McVey situation. Except in this case, it is clearly one of legal presidence. Since ACPA has laid all of these wonderful laws in place to regulate the internet, the attorneys for Ford see a potential problem and is using ObsoleteFordParts as their presidence case. Its a legal game that lawyers have played since God was a boy. (pardon to those genderists who object to 'boy' )

Lawyers have always been a pain in the requiem but a necessary evil. Watching the "Fabulous Fifties" on the History channel, I was reminded that prior to Ralph Nader's book "Unsafe At Any Speed" and subsequent law suits, major American industry was basically free to palm off whatever it chose on consumers. Now, of course, the pendulum has swung the other way. The lawyers and lobbyist groups control everything making manufacturing a misery. Add to that the high cost of employees, another situation with the Unions, and it is no wonder manufacturers are going out of country to produce the goods we want to buy. <img src="http://www.aaca.org/ubbthreads/images/graemlins/frown.gif" alt="" />

I am sure there is a lot more to this and my knowledge of it is minimal. However, I can see no good in the over legalized business we deal with today. Soon they will be sticking warning and information stickers on babies bottoms to warn new parents what to expect so they won't sue the hospital, doctors, nurses or their own parents for not telling them everything that could happen. <img src="http://www.aaca.org/ubbthreads/images/graemlins/smirk.gif" alt="" />

Whatever happened to life being difficult and taking it as it comes? Sure, if someone did or sold something that caused an accident you should have recourse but it has really gone too far.

AS always this is just my opinion. <img src="http://www.aaca.org/ubbthreads/images/graemlins/tongue.gif" alt="" />

[Guest BruceW]

Reminds me of when Harley Davidson did the same basic thing a few years ago.. but they not only went after thier name but any names or phrases that had words with any remote references. I remember hearing they threatened to sue a very long time established used Harely parts outfit becaus etheir name was "the Hog Farm" and Harley was copywriting Hog along with a list of other names and phrases.

Seems to me such things just make bad feelings to those that deal in business. As mentioned above, if you remove the name from the company.... how will people know what type of parts they sell? It can't be hurting them and any intellegent person should be able to tell the difference (except those that need the wierd warning lables such as "Do not eat toner").

Whats next? Will they go after such internet sites such as The Ford Barn that specializes in antique Ford topics.

Hmmm.. wonder if the AACA will be eventually sued because their judging classes have Ford in their names....

[Guest]

Randall ~ Why do you think I am retired. I sold an 80 year old [at the time of sale] business in 1990 because of many of the headaches you mentioned. I was only 58 at the time. How would you like to face the liability issues related to GLASS? Not me, I quit. ~ hvs

[48LCCOUPE]

using His laptop in the South Pacific. Wait, that would be a great title and story line for a broadway musical!!

[Guest SalG (Sal Grenci)]

One thing to think about, is that some lawyer in Ford HQ got this bright idea to justify his/her job.

[6219_Rules]

Howard, it is a sad state of affairs when good people leave business just because it has become too costly and even delitarious...I know of several very good doctors who left their chosen profession (OB/GYNs) because it simply became too dangerous to practice. Something must give or we as a nation will be sunk. I, for one, would pay more to keep our good industry here.

Sal, you said it better than I. Part of the job of an attorney in business law is to find reasons to sue for the good of the company....and his own largess, parenthetically.

I hate to say it but the watch word for our society in the last 10 years (and before no doubt) is Greed.

[Guest DeSoto Frank]

Gee,

I wonder if this is the "nasty" Ford family gene that seems to surface every couple of generations...

Perhaps the Bliss's could revise their name to "Parts for Obsolete Cars Wearing a Blue Oval Badge"...FoMoCo could put THAT in their "Utopian Turtle Top" and smoke it ...(Oh dear, I hope they don't have restrictions on the words "utopian", "turtle", and "top" ...)

What implications does this hold for those of us who might want to sell a Dearborn produced vehicle...would we still be able to advertise it in the local paper or on e-bay, or any of the buy/sell pages of the various on-line antique car forums...?

This kind of coporate foolishness makes me a little glad that I haven't and probably never will buy brand new vehicles....

Perhaps the Bliss's could invite Gerald R. F___ to be their Chairman, and thus keep the name...

[Guest Randy Berger]

Although it is easy to beat up on Ford for this silliness, I believe we are attacking the wrong target.

[color:\\"red\\"] Ford?s lawsuit stems from a 1999 cyberspace (computer) law enacted by Congress to thwart so-called cyber pirates from illegally using trademarked names.

As usual, when the government gets involved, things get screwed up. The wording of this law and its implications are what caused Ford and other companies to take such drastic action. Union Pacific RR now wants to license all toy train manufacturers who use their color scheme or logo, OR they are going to sue. The lawyers in these firms have much better things to do, but because the government wrote some statute (probably with no malice, just incompetency), the lawyers have to CTA and protect their companies. It is infuriating, but let's place the blame squarely where it belongs. It would be even better if we could place a foot...

YFAM, Randy Berger

[Guest]

David ~ I haven't gone YET! ~ hvs

Randy ~ Elephant -- A flea built according to government regulations and specifications. hvs

[Guest Albert]

Why dont they just see if they can hire someone whos last name is "FORD" then they can call it Obsoletefordsparts... and ford can't do a thing...

[Guest SalG (Sal Grenci)]

Randall, You mention OB/GYN, I got to know ours very well during my wife's difficult 9 months. He told me about a child with very mild delivery problems and the resulting lawsuit and how the mother allowed him to handle her 4th child and delivery while the suit was pending and how at the end the lady said it was worth a try to make a few bucks. Could the lawyer be at fault?

[6219_Rules]

Not always, Sal. Greed is the real culprit and the desire to get rich quick at whatever the cost to others. My OBs simply could no longer afford the high cost nor the pressure...they went into research. <img src="http://www.aaca.org/ubbthreads/images/graemlins/frown.gif" alt="" /> I loved them, as did my wife. Ah well. And yes, Randy, since the Government and the ASCP got into the act things have gotten really confused. Like I said...a presidence case is needed to protect their rights or so they see it. So what if they put someone out of business who has been working with them, legitimately, and honorably for years? Its the cost of doing business.

[Guest]

I have said for years that if Doctors refused to treat Lawyers and their families this would come to a screeching halt. I know one doctor who refused to operate on a lawyer who had often been involved in suing doctors. He told him, "I just don't feel I have the necessary skills to handle a case like yours."

hvs

[ex98thdrill]

Howard,

As my dad would say, "doctors and lawyers only practice while the rest of us in the world work"

[Guest HeyPop]

The rich get richer and the poor little guy trying to make his way in America gets beat up buy the corporate lawyers. They should find an employee willing to change his middle name to Ford, give him a non-controlling title and call the company Mr. Ford's Obsolete Auto parts. Take that FoMoCo... I ramble a lot .... Must be the weather.

[Dave@Moon]

As I write this, this thread only has 17 posts, but it has been viewed 1015 times. In looking at the "Who's Online" page I've noticed as many a seven unregistered/anonymous users reading this thread at one time, and rarely fewer than three people are reading it at any one time.

Even given it's obvious interest to restorers and collectors like most of us, this is an inordinate amount of activity over 3 1/2 days for a thread like this. <span style="font-style: italic">Somebody's <span style="font-weight: bold">very</span> interested in what we have to say on this subject!</span>

[JohanSirhan]

I wonder if this has anything to do with Ford's inability to get the GT40 name back from the company that took over the rights to the name?

[rocketraider]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">As I write this, this thread only has 17 posts, but it has been viewed 1015 times. <span style="font-style: italic">Somebody's <span style="font-weight: bold">very</span> interested in what we have to say on this subject!</span></div></div>

Let's hope it's someone in Ford Legal. Sometimes public opinion/backlash can make people change their minds in a hurry. I think the terms are "public image" and "goodwill".

I still say it's bored mid-level lawyers trying to justify their corporate existence. Let 'em go hungry for a while. They might realise you can pile only so much caca on people before they WILL revolt and put your head on a stick for all to see. Ask King Louie and Marie Antoinette.

[Dave@Moon]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> Let's hope it's someone in Ford Legal. </div></div>

That's my hope as well. I hope they begin to see that attacking their fan base over trivial concerns (at best) like this is just the kind of panicky-appearing behavior that'd send the <span style="font-weight: bold">wrong</span> message to it's customers, it's competators, and it's business partners.

[R W Burgess]

I'm with you on this Dave. I've about had it with American car manufactorers myself. They can't keep up with the competition so they take it out on the backbone of the American worker. The AutoWeek I spoke of earlier today had an article about Hybrids that the American Carmakers are ignoring. They went to all the trouble and expense of building some good electrics a few years ago, then just turn their backs and walk away. Glad I don't have any stock in these companies! Wayne

[rocketraider]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> I hope they begin to see that attacking their fan base over trivial concerns (at best) like this is just the kind of panicky-appearing behavior that'd send the <span style="font-weight: bold">wrong</span> message to it's customers, it's competators, and it's business partners. </div></div>

Unfortunately, Dave, it would probably excite Wall Street and drive the stock price up, same as any announcement about corporate layoffs does. I know of several companies who have used that shenanigan for that express purpose.

[Dave@Moon]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> I know of several companies who have used that shenanigan for that express purpose. </div></div>

A local company (pointedly unnamed) is doing just that this weekend. A temporarily high stock price was desired (principle stockholders probably wanted to unload a few shares), and layoff rumors were circulated that bumped the share price substantially on Friday. The inside skinny (supposedly) is that any layoffs are being exaggerated for, shall we say, <span style="font-style: italic">business purposes</span>.

I think you can divide people by age into two categories, those who remember a time when announcing layoffs depressed stock prices and those who have no idea that could happen (because in their life experience such announcements are always greeted with applause on insular Wall Street). I vividly remember a time when a company that was hiring did so in anticpation of earning money, and investors acted accordingly. Foolish me.

[Guest HeyPop]

Since 99% of all the old 'original' parts were 'Made in America' and the newer vehicles have so many "Made Elsewhere" stamps they're worried that anybody and their uncle will be able to sell 'obsolete' parts in the future because the foreign manufacturers will see a market for keeping parts available for a longer period of time and the big boys won't be able to afford the stockpile so they'll loose out to the little company that can keep the restorers happy. Make any sense? Just a thought. Rambling again...but think about it. Back then... Ford parts ... were Ford parts. Cheby parts... were Cheby parts, etc. Now they all darn near use the same interchangable parts somewhere in the process. Woa to us too... so much for restoring ... American Dreams.

[ex98thdrill]

What's next?? I suppose Ford will start charging anyone who registers a Ford on the highway a tax for driving a vehicle bearing their name?? If Obsolete Ford had was selling GM stuff, operated a website slamming Ford Motor Company, or did something other to disgrace the name of Ford, I'd agree with them. I don't see where Obsolete Ford Parts is any more of an infringement on their company name as it would be seeing someone driving a total bucket of rust on the road that prominently displays the blue oval.

A guy I went to school with had a Pinto way back when (the car was 7 years old at the time) where if he didn't leave the window down, then it would require someone to lift the door up and close it before he could drive away. Now if that isn't a slam against the folks in Dearborn, then nothing is.

[stexch]

When you look at a diecast model catalog, all the models give the name of the manufacturer, except for Porsche, which is referred to as "P". I suspect that this is in response to threatened litigation, but why would Porsche let them use the model designation (356, 911, etc), but not the make? Getting back to the parts issue, my brother-in-law said that the reason Honda parts are so expensive is that (unlike all other manufacturers) Honda will not allow other companies to make reproductions of Honda parts. Can anyone shed light on either of these?

[nearchoclatetown]

Stexch, I read in a magazine one time that Honda actually had a network of buyers that bought wrecked Hondas from the salvage pools. That way there were less used parts to be used and body shops had to buy new dealer parts. My buddies that have shops confirm that it is difficult to get used Honda arts from junk yards. Anyone know if this is true?

[ex98thdrill]

If parts are that hard to get for a Honda, I'd think insurance prices on those cars would be high based on the high prices it would cost you to fix one if it got wrecked.

[pughs]

As a customer of several businesses with the word Ford proceeded by other words such as vintage, obsolete, etc. I am very concerned so I called Ford. The only number I could find was for the Customer Relationship Center. The agent there was very pleasant but could provide no information as to why Ford was pursuing this after giving the OK years before. She suggested I call back in a month or two to see if any press releases were available to her. I am going to write a letter to Bill Ford to show my displeasure.

Here is the address if you wish to do the same:

Bill Ford

Ford Customer Relationship Center

P.O. Box 6248

Dearborn, MI

[Guest]

A worthy effort, but do you really think they care what you or and other individual thinks. We are not a politically organized minority or special interest group, so we are invisible. Your letter will either go into the big round file or at best get a response with form letter #264 from some low level clerk.

hvs

[48LCCOUPE]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">A worthy effort, but do you really think they care what you or and other individual thinks. We are not a politically organized minority or special interest group, so we are invisible. Your letter will either go into the big round file or at best get a response with form letter #264 from some low level clerk.

hvs </div></div>

now Howard, you need to work on that negative attitude of yours. I am sure that FoMoCo is quite pleased to hear from their adoring public and torch barers for their previous generation(s) of product.

Have that prescription refilled and smile brother smile. better living through chemistry.

[Guest]

David ~ No matter how much Ford [or GM or Chrysler for that matter] might pi$$ of the individual potential customer over an issue like this, it will be long forgotten by the time he goes back to his dealer for another Large Lincoln, Mighty Mercury or Familiar Ford. And if he doesn't buy new, then it will mean even less when he orders from the Used Car Factory. Let's be realistic, for most people compassion lasts only so long, but self interest lasts forever.

I just can't believe that Ford would see this as effecting their bottom line, and after all, isn't that is what it is all about at any major company, THE BOTTOM LINE. Everything else be damned, its the MONEY!

Goodness, I'm beginning to sound like Dave@Moon. And me, a Conservative Libertarian.

And David, I took my pill ---- with gin.

hvs

[Dave@Moon]

As ammunition for a boycott by Ford loyalists, I think Howard's probably right. But.....

I think even the most myopic of marketing whizzes at Ford must realize that the corps of antique product that firms like Obsolete Ford support are one of their best sales tools. They appear in half their ads for crying out loud! Hopefully one of them will nudge a sleeping V.P. somewhere and this absurdity will end.

[Guest]

You are right of course, Dave, but I'm not holding my breath nor betting my somewhat worthless Ford stock on it. ~ hvs

[pughs]

Maybe writing to Bill Ford won?t do any good, but if what Ford is saying about being a corporate citizen is true, it might help and if it doesn?t change anything, are you any worse off? His great-grandfather built the automobiles at issue. I would think he has a vested interest here.

What if the naysayers had told JFK that it was too hard to go to the moon and we might fail so lets do nothing? What if Lincoln had been told to let the South go because it was too hard to fight a war to conserve the Union and we might fail so it would be better to do nothing? Each of us could go on and on with both large and small examples of times where it might not have done any good but people tried anyway. Is this forum just a place to complain or is it here to help to find answers and solve problems. If 25 people sent a letter, I think it would be noticed. If all 1500 people who have viewed this thread sent a letter, I think it would make a very significant impact.

Steve

(http://www.ford.com/en/company/about/corporateCitizenship/principlesProgressPerformance/default.htm) and (http://www.ford.com/en/company/about/cor...lationships.htm)

[48LCCOUPE]

Very well said, and if we are to learn the real reason(s) behind the subject of this thread I may be so inclined to put fingers to keys. I am a bit old fashioned though in that I would like to know the allegations being leveled in the lawsuit before I write to Ford or maybe to Obsolete Ford. Just because they are big doesn't make them wrong.