Ford Motor Company has filed a lawsuit against Vintage Modern, Inc., a Georgia-based company that retrofits modern Ford Broncos to resemble classic first-generation models from 1966 to 1977. The case, filed in October 2024 in a Georgia federal court, highlights significant issues surrounding trademark infringement, trade dress rights, and the balance between protecting brands and encouraging aftermarket innovation.
(image from: https://vintagemodern.co/inventory/)
Background of the Broncos Dispute
Vintage Modern, previously known as Vintage Broncos LLC and Vintage Broncos, Inc., specializes in creating “reverse” resto-mods. Unlike traditional restorations that modernize classic cars, the company replaces modern body panels on recent Ford Broncos with retro-styled ones to replicate the look of the original Broncos. These vehicles retain contemporary features such as anti-lock brakes, air conditioning, rearview cameras, and smartphone integration. They also offer powertrain options, including a 5.0-liter V-8, 2.3-liter EcoBoost, or even an electric drivetrain. Custom vehicles start at $169,000.
Ford’s Allegations
Ford claims that Vintage Modern’s actions are part of a “calculated plan to knock off Ford’s intellectual property” and mislead consumers about the safety and authenticity of the modified vehicles. The automaker’s lawsuit accuses Vintage Modern of false advertising, trademark infringement, trade dress infringement, dilution, unfair competition, and counterfeiting. Ford argues that the modifications could confuse consumers and harm the company’s reputation.
(image from: https://vintagemodern.co/inventory/)
Vintage Modern’s Defense
Vintage Modern argues that Ford has abandoned certain Bronco trademarks and trade dress due to a long production hiatus. The Bronco model wasn’t produced from the mid-1990s until 2020, and the trade dress in question hasn’t been used since 1977. The company contends that this extended period of inactivity shows Ford has relinquished its exclusive rights, allowing Vintage Modern to use the classic Bronco design elements.
An abandoned trademark occurs when the owner ceases using the mark in commerce without intending to resume. A hiatus in production can indicate abandonment of rights, as trademark law requires continuous use to maintain ownership. If a company stops using a trademark for an extended period, it may lose exclusive rights, allowing others to claim similar designs. Vintage Modern argues that Ford’s hiatus has led to a loss of exclusivity over the Bronco’s design elements, opening the door for others to use them.
Legal Implications
The legal battle between Ford Motor Company and Vintage Modern, Inc. showcases the tension between protecting intellectual property and encouraging innovation, particularly in the realm of repurposing classic designs. Vintage Modern’s approach to transforming modern Ford Broncos into retro-inspired vehicles raises important questions about the use of iconic looks from the past. As the court navigates issues of trademark abandonment and aftermarket modifications, the outcome could shape how brands balance safeguarding their legacies with allowing creative reinterpretations. This case not only highlights the complexities of trademark law but also reflects a growing trend in the automotive industry towards celebrating and reviving vintage designs.