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Ford, Where Bullying ISPs is Job 1
Posted by Ernest Miller on Tuesday, August 27 @ 10:03:21 EDT Trademark
C|Net News reports that popular corporate foulups community site FuckedCompany was shut down for nearly two days when Ford Motor Company complained to FC's hosting company about possible trademark violations (Dot-com dead pool pinned by Ford). After capitulating to Ford's demands FC is back up. Apparently, Ford was upset by a headline for a story reporting on layoffs at the automotive giant that read, "Ford, where finding a job is job 1." This was claimed to be "confusingly similar to Ford's advertising slogan 'Ford, where quality is job 1.'" Puhlease. The headline was a parody, something that trademark dilution law still permits. Ford's lawyers claim that such a parody is not permissible, citing the "Enjoy Cocaine" case, where Coca-Cola got posters featuring the phrase "Enjoy Cocaine" in Coca-cola's distinctive red script banned. It would appear that Ford's lawyers have been spending a little too much time with that case, if you know what I mean [exaggeration for rhetorical effect, not to be taken seriously - Ed.]. The "Enjoy Cocaine" case is easily distinguishable from what FC was doing. The "Enjoy Cocaine" case was about selling posters; FC was using the phrase as a headline for First Amendment protected expression. I know of no case that holds that parody in a clearly editorial expressive context is trademark infringement. If FC had been selling t-shirts or posters with the phrase Ford might have had a case, but not for a headline to a news piece.

In any case, why is Ford threatening to sue FC's hosting company? These bullying tactics have got to stop. You don't sue the phone company because customers do illegal things over the phone lines. ISPs should have similar protection. It is not as if Ford could not find or reach FC and the ISP was the only recourse.

 
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· C|Net News
· FuckedCompany
· Ford Motor Company
· Dot-com dead pool pinned by Ford
· Enjoy Cocaine
· Coca-Cola
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