Blue and Orange - A recent Fortyfication Article by Sam Cork

[Ron Earp]

With great interest I read the article by Sam Cork, Brand Manager of Gulf Oil International, about the blue and orange colors associated with Gulf Oil. The story is about seven paragraphs long, the latter four of which are devoted to explaining how Gulf Oil applied to the European trademark authority for registration of these colors and it was granted to Gulf Oil.

The article goes on in detail about how no Gulf Oil logo is needed in order to be protected by the trademark - the colors alone are enough, how Gulf has various versions of the logo with alternate colors, how Gulf Oil is very proactive in protecting this trademark, and that CAV applied to produce orange and blue cars with Gulf Oil certification. Mr. Cork also invites others, either for personal or commercial use, to apply for the use of these colors by contacting him at [email protected].

The by line on the article indicates that the club fortuitously met Mr. Sam Cork at the 2009 Festival of Speed. I reckon that meeting was not by chance and that not everyone viewed the meeting as fortuitous.

Anyone have more information about how this is affecting private parties with orange and blue cars? It makes no mention of US trademarks, did they not apply for them or did the US office have more sense than to grant a trademark based on two colors and two colors only?

UK orange and blue car owners, have you been contacted about paying a fee to paint your car orange and blue?

I wonder if the forum is going to have to drop the orange and blue color scheme?

If anything I would think that Gulf Oil would realize that the more blue and orange cars out there the greater the possible exposure they could obtain.

 

[EGLITOM]

IMHO this is another attempt to build another myth around our favorite hobby.

As i planned to paint my racebike in gulfcolors 3 years ago. I just called them and asked if the could help with some decals. Which the promptly send over to me in various shapes and sizes for free. They asked me to send them a picture when it´s finished, what i did.

The bike was featured in two of the biggest motorcycle magazines in germany. I never heard gulf complain about that.

TOM

 

[Rick Muck- Mark IV]

I would think the trademark would only apply when "GULF" logos are added. There is no "copyright" on a general color scheme. Perhaps definetive stripe patterns and color combinations might be trademark protectable, but even Shelby can't protect "Gaurdsman Blue with Wimbledon White" combo!

 

[40 Bud]

According to the "Editors Exhaust", in Fortification #84, the Gulf Oil Co. is happy to grant permission to use the colors on our cars without any fees involved as long as it is not for commercial purposes. Tony said to send pictures of your Gulf liveried gt40s and they might use them in their marketing.

 

[RJB]

According to Lance at Superformance, the Gulf paint scheme costs more than other colors due to fees paid to Gulf for the use of the livery. Don't know if that refers only to the paint scheme or use of other Gulf intellectual property.

 

[Ron Earp]

According to the "Editors Exhaust", in Fortification #84, the Gulf Oil Co. is happy to grant permission to use the colors on our cars without any fees involved as long as it is not for commercial purposes. Tony said to send pictures of your Gulf liveried gt40s and they might use them in their marketing.

So is this for European based cars only, I suppose?

 

[Jimmy P]

Re: Blue and Orange - A recent Fortyfication Article by Sam Cork
According to Lance at Superformance, the Gulf paint scheme costs more than other colors due to fees paid to Gulf for the use of the livery. Don't know if that refers only to the paint scheme or use of other Gulf intellectual property.

This is true about CAV cars also I believe. When I first started my assault on obtainig a GT40 I inquired with CAV and was told the price of a Gulf liveried car would carry a higher cost due to royalities paid to Gulf by CAV. The car would however carry a Gulf Certification plate and thus would be registered with Gulf.

 

[Chris Simpson]

You would think that Gulf would welcome the free publicity afforded by GT40s painted in Gulf colours, especially as they invariably carry Gulf decals as well.

My car is not in Gulf colours.

Chris

 

[TrevS]

I would think the trademark would only apply when "GULF" logos are added. There is no "copyright" on a general color scheme. Perhaps definetive stripe patterns and color combinations might be trademark protectable, but even Shelby can't protect "Gaurdsman Blue with Wimbledon White" combo!

It is possible to copyright a colour/scheme. Cadbury does it with its purple and lastminute.com have done it with its pink. I would imagine it would be very difficult for Gulf to enforce this though as you could quite easily change the shading of the blue or orange ever so slightly so its not identical as long as you aren't including the companies logo.

The below image shows 2 cars, one in gulf colours and the same car with a slightly darker shade of blue. Techically the right hand car isn't in gulf colours now as it falls outside the range.

Also if anyone is after the GULF logo you can download a .eps version here:
Gulf logo | Best Brands of the World

Ideal if your looking to make stickers etc as its vector and will upscale.

Cheers

Trev

www.gt40builder.com

 

[Keith]

Very true re: colour Trev except for a piece of English Law called "Passing Off" where the intent is to 'misrepresent' a name, colour, brand or general appearance intending to achieve a fiscal gain by trading off the goodwill & reputation of the IPR owner.

In reality I do not believe that Gulf would ever take an individual to court on this basis. Too costly and too negative with no real gain, but they could hit the turnkey guys as it could be argued that they are making a financial gain from Gulf efforts and hence the (correct) SPF and CAV approach.

Also Safir.... the Jury is still out on that one I think (IMO)

 

[Tony Hunt]

We have had quite a dialogue with Sam Cork over this issue, which was initiated when he came over to congratulate us on our Gulf cars on the Club stand at the Festival of Speed.
Sam's job is to manage Gulf's copyright, as it sees it, and we have never questioned the company's right to protect the use of the colours, whether with or without Gulf logos.
We were concerned, of course, to clarify the situation for owners of Gulf-liveried cars with regard to the copyright issue. Sam hastened to ensure us that they would never deny permission to use their colour scheme to anyone for their personal use. Of course Gulf realises the value of free advertising, but it is also concerned that the use should be appropriate and not for commercial gain, and also reserves the right to use submitted pictures for marketing purposes - as would any company that has a marketable commodity.
It seems that this discussion revolves around the copyrightedness or otherwise of the Gulf colours; the wrinkles within that argument could keep very highly paid lawyers occupied at everyone's expense.
Would someone like to send me a Letter (or E-mail) to the Editor setting out alternative views?

 

[Keith]

For Gulf, there is the ever present risk of brand damage by association due to actions of a 1/3rd party replication car in Gulf regalia (replete with logos etc) being involved in a racing incident with potentially injurious results.

If I was Mr Gulf, I would NOT be happy with that prospect.

Graham Turner would be the best person to advise on this issue surely? He is an individual with a Gulf/Porsche 917 replica in perfect replication of an original (apart from Flat 12 aircooled) and presumably licensed/supported by Gulf themselves. (Apologies if this is not the case Graham - but it's how I understood it).

To be honest, if I were lucky enough to acquire a '40, Gulf colours would be the very last paint scheme I would contemplate, not for the above reaons necessarily, but it just ain't different anymore and I like to be different.

 

[Ron Earp]

Would someone like to send me a Letter (or E-mail) to the Editor setting out alternative views?

Do you feel it inappropriate to discuss alternative views publicly, i.e., this thread?

From a US perspective I'd be interested on Gulf's legal position outside of Europe.

 

[Tony Hunt]

Do you feel it inappropriate to discuss alternative views publicly, i.e., this thread?

From a US perspective I'd be interested on Gulf's legal position outside of Europe.

Not at all, Ron. It's just that not all Club members read this forum and I'd like to take the dialogue to the full membership who read Fortyfication. I also like being controversial.
It might be interesting to contact Gulf Oil International to enquire about the position on US branding.

 

[Dave Wood]

First, as a patent holder I know that a patent can only be exercised when the patented item is being manufactured for $$$. I can not apply it to individuals that may want to duplicate it for themselves. I would have to believe that the paint schemes would fall into that. My opinion,not worth much, is that IF you start getting "permission" to use those colors from Gulf, you are acknowledging that they have that authority. I don't believe they do and could care less. If I want to paint ANYTHING those colors, let them try and make me stop. I have a 48x96 shop I might like those colors on, no logo though. I accept they have the authority over their logo, just not paint schemes.
Where would it end?? If the colors aren't the exact colors used, but are close enough that it wouldn't be noticed unless by a Gulf car,HOW could they enforce it? I'd be willing to bet that they are some standard colors that were used on production cars. We used to have an old Comet that was about that Blue. How about the Blue/Yellow that Sunoco used?? I always had a soft spot for those colors.
I think they would have to hold the paint mfg.'s liable for producing the colors, wouldn't they??

 

[Ron Earp]

Dave, I think you summed up some of my questions surrounding the issue. If people starting asking for permission then essentially they are agreeing that Gulf has the right to the trademark. And this trademark was supposedly granted without any mention of Gulf Oil, therefore, it is based solely on two colors? Wow.

I don't know enough about trademark law to formulate much of an informed opinion in the matter. Just based on common sense a trademark based on two colors seems a bit far reaching and too broad.

My questions are the following:

1) Does this Gulf Oil trademark extend outside of Europe? If not, why should CAV or SPF pay additional fees for blue and orange cars sold outside of Europe? Neither of these manufacturers are based in Europe. I assume Ford Motor Company paid Gulf Oil for the right to produce the blue and orange Ford GTs they built?

2) If the trademark exists in Europe, and permission is always given to individuals to use the trademark, i.e. the orange and blue paint, then why require individuals to apply for the use of the colors?

3) I've seen all matter of orange and blue vehicles in Southeast US race paddocks: spec miatas, spec racer Fords, Ford van, pit bikes, motor barstool, Porsche 911, and a few other things. If Gulf Oil doesn't approve of these uses of orange and blue paint can they take action?

 

I'm sure it all boils down to a few extra $ on the total sales ticket for those cars.
Hey, for just few more $ You CAN Have An Officially Authorized Gulf Car !
Just a sales thing I would think !

 

[JohnMcL]

See The POWER of Colour : Gulf Today : About Gulf : Gulf Oil Limited

Seems clear. EU only.

John McL.

 

[Mark Charlton]

My questions are the following:

1) Does this Gulf Oil trademark extend outside of Europe? If not, why should CAV or SPF pay additional fees for blue and orange cars sold outside of Europe? Neither of these manufacturers are based in Europe. I assume Ford Motor Company paid Gulf Oil for the right to produce the blue and orange Ford GTs they built?

2) If the trademark exists in Europe, and permission is always given to individuals to use the trademark, i.e. the orange and blue paint, then why require individuals to apply for the use of the colors?

3) I've seen all matter of orange and blue vehicles in Southeast US race paddocks: spec miatas, spec racer Fords, Ford van, pit bikes, motor barstool, Porsche 911, and a few other things. If Gulf Oil doesn't approve of these uses of orange and blue paint can they take action?

CAV and SPF are marketing "Gulf" versions of their cars, and they are benefiting from the brand value that Gulf has built and established through a very expensive race sponsorship program. Since CAV & SPF are benefiting commercially from the use of Gulf colors and brand, it is quite reasonable for Gulf to charge a licensing fee. It would seem that SPF and CAV feel it is financially worthwhile paying the fees and offering those schemes.

Clearly Gulf MUST take efforts to protect it's brands or they risk losing the right to protect them. The fact that they have stated they will happily grant no-cost permission to those wishing to use the schemes for non-commercial uses seems very reasonable. One can only imagine how a company like Carroll Shelby Licensing Inc. would act if they WERE given the rights to protect Guardsman Blue with Wimbledon white stripes. I wonder if they would be as gracious as Gulf has been.

Mark

 

[Keith]

Hey Mark, let me think about that for a whil.... Heck no! :laugh: