Legal Question in Business Law in California

Salesman wants to advertise Ford Cars on website.

I'm a salesman at a CA Ford dealer, and have a sales lead generating website that I advertise locally. One of the competing dealers in the area has stated that my website infinges on Ford's copyright/trademark, and they are planning legal action to have me stop advertising and soliciting.

my advertising is a twist of Fords logo. No-one at My dealership or online would offer any advise. I would appreciate any insight from a qualified individual!


Asked on 7/26/99, 12:17 am

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Salesman wants to advertise

I do not see that the other dealer has legal standing to sue, as he does not own the trademark, Ford does. I do not imagine that Ford would object as it does generate sales. I would also imagine that your dealer�s franchise agreement with Ford allows you to use their trademark in advertising. Your web site is no different than your dealership using the Ford logo in a newspaper ad. If you want to be sure you should either have someone review your franchise agreement with Ford or call up Ford and make sure it is OK with them.

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Answered on 7/28/99, 5:47 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Salesman wants to advertise Ford Cars on website.

Your situation is a bit complicated, and your query is too lite on details for me to be very helpful.

Are you proposing a personal web site that would advertise your employer's inventory, or do you plan to sell your own cars independently?

Who is the other dealer? Are they owned by Ford or are they independent? I question whether anyone but Ford itself would have the right to sue over infringement of Ford's logo, but if Ford finds out about it (and it sounds like the rival dealer will bring it to Ford's attention) and agrees that your actions are an infringement, you can bet that the company will take action against you.

Your employer may also have an agreement in place with Ford that would prevent it from cooperating in the type of venture you describe, and your employment contract, if any, may contain restrictions as well.

As I said, more detail is needed here.

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Answered on 7/28/99, 5:49 pm


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