Fast Mustang Parts, a privately owned company, is not affiliated with Ford Motor Company in any way or form. The term Ford, Mustang, Focus or Ford Racing is used for descriptive purposes only and in no way infers that any part or accessory sold on this site is manufactured, sold or endorsed by Ford Motor Company. Fast Mustang Parts uses the terms "Ford" and "Mustang", (both registered trademarks of Ford Motor Company) for descriptive purposes only in Good Faith. Fast Mustang Parts states that our use of the Ford Motor Company's trademarked terms of "Ford" and "Mustang" in our product descriptions, business name, and domain name constitutes fair use and nominative use and is in no way to offer confusion that FastMustangParts.com and Ford Motor Company are related companies, nor do we state that we are endorsed by Ford Motor Company. We are an AFTERMARKET company acting in GOOD FAITH in providing high quality products to loyal customers who demand FORD VEHICLES over any other brand. Fast Mustang Parts is actually providing Ford Motor Company a venue of free advertising and indirectly provide Ford Motor Company with more sales leads. Copyright and Trademark Law The courts have recognized a fair-use defense, called nominative use. Nominative use occurs when use of a term is necessary for purposes of identifying another producer's product, not the user's own product. For example, in a recent case, the newspaper USA Today ran a telephone poll, asking its readers to vote for their favorite member of the music group New Kids on the Block. The New Kids on the Block sued USA Today for trademark infringement. The court held that the use of the trademark "New Kids on the Block" was a privileged nominative use because: (1) the group was not readily identifiable without using the mark; (2) USA Today used only so much of the mark as reasonably necessary to identify it; and (3) there was no suggestion of endorsement or sponsorship by the group. The basic idea is that use of a trademark is sometimes necessary to identify and talk about another party's products and services. When the above conditions are met, such a use will be privileged. New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992). Fair Use
There are two situations where the doctrine of fair use prevents infringement: - The term is a way to describe another good or service, using its descriptive term and not its secondary meaning. The idea behind this fair use is that a trademark holder does not have the exclusive right to use a word that is merely descriptive, since this decreases the words available to describe. If the term is not used to label any particular goods or services at all, but is perhaps used in a literary fashion as part of a narrative, then this is a non-commercial use even if the narrative is commercially sold.
- Nominative fair use
This is when a potential infringer (or defendant) uses the registered trademark to identify the registrant’s product or service in conjunction with his or her own. To invoke this defense, the defendant must prove the following elements:
- his/her product or service cannot be readily identified without pointing to the registrant’s mark
- he/she only uses as much of the mark as is necessary to identify the goods or services
- he/she does nothing with the mark to suggest that the registrant has given his approval to the defendant
A mark that is confusingly similar so closely resembles a registered trademark that it is likely to confuse consumers as to the source of the product or service. Consumers could be likely to believe that the product with the confusingly similar mark is produced by the organization that holds the registered mark. Someone who holds a confusingly similar mark benefits from the good will associated with the registered mark and can lure customers to his/her product or service instead. Infringement is determined by whether your mark is confusingly similar to a registered mark. The factors that determine infringement include: - proof of actual confusion
- strength of the established mark
- proximity of the goods in the marketplace
- similarity of the marks’ sound
- appearance and meaning
- how the goods are marketed
- type of product and how discerning the customer is
- intent behind selecting the mark
- likelihood of expansion in the market of the goods
Pictures and Product Descriptions. All pictures and text are used for descriptive purposes only. Obviously, Ford Motor Company benefits every time a Ford Racing Brand name product sells, so obviously this is in GOOD FAITH and FAIR USE. All Ford Racing products are purchased from a Ford Motor Company AUTHORIZED Warehouse Distributor for resell. Let there be NO CONFUSION, fastmustangparts.com is NOT affiliated in any way with the Ford Motor Company! If Ford Motor Company believes there is Copyright-Trademark Infringement, we request that we are contacted directly by Ford Motor Company. We also request that should the need arise, all legal disputes be brought to the State of Florida, County of Duval, City of Jacksonville. | 
