Since the original thread on this topic has gotten so large and hard to view, I thought now would be a good time to close that one down and create a new one, along with an update and status on this. So, whether you've been following the original thread (click here to view) or are seeing this for the first time, here is a recap of what has happened, along with my goals for the situation.

Recap & Time Line

For the past 2+ years
We've been using Cafepress to print BMC logo gear and materials using incorporated photos of the club mascot car, Danni.

December 2007

The BMC Graphics Team created 13 calendar images for our 2008 Member of the Month calendar. All 12 members honored gave consent to the use of their car's photos as did the photographers.

January 5, 2008

I uploaded the above-mentioned calendar pages to our Cafepress account and set up the 2008 BMC Calendar ft. the Members of the Month.

January 5-6, 2008

Nine (9) calendars were ordered through Cafepress by BMC members.

January 9, 2008

Cafepress inconsistently removed 90 (of 197) images we had uploaded to our account, including the 2008 and 2007 calendar images, BMC logos incorporating Danni, various individual car photos and even some Mopar photos we took of our cars.

Cafepress did not notify me. I found out from research performed when a member was unable to order the calendar
Upon inquiring about this, a Cafepress representative informed me that ... "Susette van der Beek on behalf of Ford Motor Company provided us with a notice stating that your use of Ford’s trademarks, including images of their vehicles, infringes upon their intellectual property rights (trademark/trade dress/copyright). "Accordingly, we have set the content that is alleged to infringe the rights of the third party to “pending status” which disables said content from being displayed in your shop or purchased by the public. "If you believe that you hold the rights to the content alleged to infringe the rights of the third party, we encourage you to contact the alleged rights holder directly for a resolution to this matter."

January 9, 2008 - Present

I've been researching this, seeking case law, and working with our patent/trademark specialist attorney to carve out a plan. I and/or our attorney will be in touch with Ford and/or Ford's attorneys this week to begin discussions about this and establish line of communication between Ford and BMC. Ideally, we will achieve clarity on the concern held by Ford receive their approval to use photos of personal vehicles, primarily in our calendar and club gear. As stated above, I've been in communication with our attorney (specialist in the patent/trademark area) and I'll be working with her throughout this effort, both in my communications with Ford and should she step in to handle this for us. She is extremely knowledgeable about these matters and has been our counsel in the past, so I am confident we will resolve this satisfactorily for everyone. Please feel free to continue to discuss this and I will be sure to keep you updated as I have more news. Thank you to all the BMC members, and all the new members and supporters who have joined in the last few days to show support. We are going to work hard on this for the BMC and all the other enthusiasts out there!

Thanks,
Lisa.

My name is Whitney Drake and I work in Ford Communications.

We've been watching this discussion with interest and I'd like to clarify what is essentially a misunderstanding.

Yesterday we spoke to both Cafe Press and the Black Mustang Club and explained the situation (about the Black Mustang Club’s calendar) to everyone's satisfaction. Ford has no problem with Mustang or other car owners taking pictures of their vehicles for use in club materials like calendars. What we do have an issue with are individuals using Ford’s logo and other trademarks for products they intend to sell. Understandably, we have to take the protection of our brands and licensing very seriously.

Ford did not send the Black Mustang Club a “cease and desist” letter telling them that they could not use images of their own cars in their calendar. The decision not to allow the calendars to be printed was made by Cafe Press, because we had gotten in touch with them in the past about trademark infringements on products they sold.

The Black Mustang Club, and any other Ford enthusiast club, are free to take pictures of their own vehicles for use in calendars or other materials as long as they don't use Ford trademarks in products that will be sold.

I think it is great that the Black Mustang Club, and any other enthusiast club, would take pictures of their own vehicles for use in calendars or other materials.

I'm looking forward to purchasing a copy to hang in the garage next to my Mustang (even if mine isn't black).

Thanks for giving us the chance to have our say.