Ford Motor Company v. Safir GT40 Spares, Ltd

C

Cliff Beer

BobWood said:
Ron,

Only Safir and Superformance have the rights to sell a vehilcle with "GT40" as a trade name. Other makers of cars that look like GT40s cannot call their cars GT40s without violating our trademark. If companies do so, we will rely on trademark law to afford us and our trademark all of the protection that those laws provide.

In reference to the shape, your simple answer is "no".

As always, Ron, my best regards,

Bob
Click to expand...

Hi Bob,

I believe there's still confusion here. To be specific, why would you seek to trademark protect the GT40 shape (in addition to the phrase "GT40") if you have no intention of either a) preventing others from producing that shape (and also major components) for commercial sale, or b) allowing others to produce that shape subject to payment of a licensing fee?

I ask this because, as you probably know, in trademark law you cannot knowingly selectively enforce (or not enforce at all) without risking losing the protection you have secured - it's called "abandonment." So, net, I don't find your statements reconcilable, and further, not quite credible. This is based upon 10+ years of being heavily involved with intellectual property protection and licensing.

I don't wish to antagonize or annoy, rather, just simply clarify and understand. I'm sure you can understand that the other GT40 replica manufacturers have some concerns about their continued ability to produce their cars and components, and, do so without having to pay a licensing fee.

To be honest, my suspicion is that what Superformance really wants to do is use trademark law to eliminate all other manufacturers of the GT40 in order to prevent competition and extract a larger price in the marketplace. If this is indeed the bottom line then I have only admiration for your confidence to come to a forum such as this representing a large number of these very manufacturers and defend that position, albeit in diplomatic and disarming language and delivery.
 
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Mike Dozier

Seems to me that the horses have already left the barn...Ford is through with GT production. Or would a Trademark ruling be retroactive ? If so, that could be a huge problem for Ford and any US based replica makers. I assume (?) US Patent Law does not apply outside the US.

And even if Safir has no intention today of demanding royalties from replica manufacturers, that's no guarantee of what lays ahead. Different Management may act differently in the future.
 
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