Lighted Pony Project (back it!)

[Matt Bagne]

Kickstarter is a crowdfunding platform for creators/makers. Some small companies use it as an incubator for new products. It is NOT a platform for retail sales.

People who donate to the project are backers. In this case, I have only shared this project with Mach-E owners because they are the only ones that benefit from it. Backers are in collaboration with the creator(s) and receive "rewards" as incentives to join the project. These usually include the thing being created and possibly some add-ons for different levels of support.

At this point, I have invested in developing a working prototype. It is not a production-quality part, but the design is close. I'm hoping the scale of the MME owners community helps me speed things up. They make donations to fund the creation.
I didn't want to go to Ford with just a 3D print. I wanted to have a credible product when I speak to them about licensing. So the Kickstarter serves several purposes.

1) I can iterate on my design and source a production grade Pony emblem with injection molded plastics and embedded circuits. Backers receive emblems that are new, but have undergone quality and functional testing; a good thing for them. I can also then send a nice demo proof-of-concept to Ford along with statistical performance data as I work licensing possibilities. It is important to note that this is not an exact recreation of the GT emblem. This is a recreation of the current Non-GT emblems. It will maintain the current identity.
2) I can gain feedback from MME owners on the product, installation, future features, etc.

This is not a for-profit effort [yet]. If the product has a market beyond this development campaign, then I will only move forward with Ford's support and licensing.

I do hope they work with us/me. If licensing debates kill this, which they could with their legal power against a small creator, then the harder to reach Asian manufacturers would certainly bring a similar product to market.

One last consideration: what made Mustang the best selling sports car for the last 50 years? I would argue that it is the huge aftermarket driven by an enthusiastic owner-base who love to modify and personalize their Ponies. EVs are a different animal, and if we are further limited from modifying the Mach-E, then the critics are right: it's Not a Mustang.

I applaud your enthusiasm as well as the innovation, you are an example of the entrepreneurial spirit that makes the market go.

I do not believe I have seen you remark in this thread that you have indeed consulted a trademark attorney. I have worked in licensing most of my career, and although I am not an attorney, I work with them on a regular basis in trademark law.

Ford, Disney, Apple . . . it doesn't matter who it is, any company will go to great lengths to protect their trademarks, especially their flagship IP. Cease and Desist Letters go out all the time to small operators working out of their garage and selling on the Internet, I have seen it many times.

People make the mistake thinking that "It's okay to copy because I am not selling it" . . . you do not need retail sales to infringe, merely "benefiting" on a public platform from someone's IP will constitute infringement and/or if the IP holder feels you are likely to create confusion in the public domain with people thinking the item or product "comes from" or is "endorsed by" the IP holder when it is not.

And whether you are right or wrong with an issue that could be borderline . . . if Ford sends you a Cease and Desist letter, what are you going to do? Fight it by hiring an attorney and spending ten's of thousands of dollars to have a court rule on it?

Also, many people with a single product idea think they can just "get a license", but that is rarely the case. Most large licensors will want to see that the product and person/company who makes it already has a track record before they put their name on it. Why would a company as large as Ford want to take the risk with someone who is not known in the marketplace? Especially a product that hooks into the electronics of one of their flagship cars . . . what if your unknown, first-time product causes a short in the system creating a battery to explode because of faulty production. Can you guarantee that won't happen? How about the insurance that all licensees must carry, especially for a product that goes "on the vehicle" (as opposed to a Ford cap or T-shirt), it will require a policy for Product Liability in the $3 million range at least. The contract will also require "Minimum Guarantees" meaning that you will need to guarantee possibly $20,000 or more in paid royalties over the contract term . . . and at say 15% royalty (fairly standard) that would be close to $150,000 in sales to just meet the guarantee. There are often mandatory Marketing Fees (possibly another 2%) as well as admin costs for royalty reporting and other needs required by licensees. The factory that makes any portion (or all) of the item will also need to be pre-approved and sometimes an audit is required. You may also be required to have a UL certification or other testing that Ford requires to bring the item up to "OE specifications" . . . testing will be thousands of dollars using a third party laboratory, and of course if it does not meet specs, further costs will be required for product changes and the re-testing.

A lot goes into this, just encouraging to think ahead. And if I were you I would consult a competent trademark attorney regarding your plans. Good luck!

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[NoVAguy]

I applaud your enthusiasm as well as the innovation, you are an example of the entrepreneurial spirit that makes the market go.

I do not believe I have seen you remark in this thread that you have indeed consulted a trademark attorney. I have worked in licensing most of my career, and although I am not an attorney, I work with them on a regular basis in trademark law.

Ford, Disney, Apple . . . it doesn't matter who it is, any company will go to great lengths to protect their trademarks, especially their flagship IP. Cease and Desist Letters go out all the time to small operators working out of their garage and selling on the Internet, I have seen it many times.

People make the mistake thinking that "It's okay to copy because I am not selling it" . . . you do not need retail sales to infringe, merely "benefiting" on a public platform from someone's IP will constitute infringement and/or if the IP holder feels you are likely to create confusion in the public domain with people thinking the item or product "comes from" or is "endorsed by" the IP holder when it is not.

And whether you are right or wrong with an issue that could be borderline . . . if Ford sends you a Cease and Desist letter, what are you going to do? Fight it by hiring an attorney and spending ten's of thousands of dollars to have a court rule on it?

Also, many people with a single product idea think they can just "get a license", but that is rarely the case. Most large licensors will want to see that the product and person/company who makes it already has a track record before they put their name on it. Why would a company as large as Ford want to take the risk with someone who is not known in the marketplace? Especially a product that hooks into the electronics of one of their flagship cars . . . what if your unknown, first-time product causes a short in the system creating a battery to explode because of faulty production. Can you guarantee that won't happen? How about the insurance that all licensees must carry, especially for a product that goes "on the vehicle" (as opposed to a Ford cap or T-shirt), it will require a policy for Product Liability in the $3 million range at least. The contract will also require "Minimum Guarantees" meaning that you will need to guarantee possibly $20,000 or more in paid royalties over the contract term . . . and at say 15% royalty (fairly standard) that would be close to $150,000 in sales to just meet the guarantee. There are often mandatory Marketing Fees (possibly another 2%) as well as admin costs for royalty reporting and other needs required by licensees. The factory that makes any portion (or all) of the item will also need to be pre-approved and sometimes an audit is required. You may also be required to have a UL certification or other testing that Ford requires to bring the item up to "OE specifications" . . . testing will be thousands of dollars using a third party laboratory, and of course if it does not meet specs, further costs will be required for product changes and the re-testing.

A lot goes into this, just encouraging to think ahead. And if I were you I would consult a competent trademark attorney regarding your plans. Good luck!

From OP earlier in the thread:

Because it is a legal matter, I was not planning to say much about the licensing path also being worked. But if reassurance is needed, then I kind of have no choice. It would have been better to keep these matters between me and Ford. Ford requests product samples when you apply for licensing. <- that is a link where you can see one of the ways to submit a licensing request and one of the steps is regarding samples. Sending them 3D printed samples does not exactly instill confidence that the product will deliver the quality expected and required to represent the Mustang brand. This is one of those "cart before the horse" issues. To send them something generic but full quality would mean sinking over $12k in mold costs just to throw away. That isn't an option. So, the Kickstarter serves the purpose of DEVELOPMENT, TESTING, CERTIFICATION, LICENSING, AND FEEDBACK. Backers are pooling funds to pay for the development and production of these parts. You are not "buying" a product from me yet. I have estimated the retail value to show that backers will not pay more than retail value by funding the development and testing. They will all-in-all come out under. I am not making a profit on the Kickstarter. Some Labor and Engineering will be reimbursed, but not enough lol.

 

[gnaark]

If one were to back it, let’s say with the $199 option.
Do I pay $199 and will get the emblem or do I pay $199 + the cost of the part?

 

[Matt Bagne]

From OP earlier in the thread:

So my point is that you may be in the crosshairs of receiving a cease and desist. You say " So, the Kickstarter serves the purpose of DEVELOPMENT, TESTING, CERTIFICATION, LICENSING, AND FEEDBACK.", but I think the caution is that you are doing it all in a very public way on a major platform, and it may very well be construed as infringement of IP. Just be ready, and I hope I am wrong, I really do love what you are doing, I am not trying to be a detractor. Based on my experience just sending a pragmatic take on what I see. IP issues can be a minefield!

 

[Gullwingdmc]

until Ford sees it’s a huge market, then they will do it themselves. Trust me I know.

I highly doubt they will make a version of this, but I hope they do!

 

[YFD_233]

I highly doubt they will make a version of this, but I hope they do!

Hence, if Ford sees a huge market. Just like sequential taillights and blackout panel. I have patents and Ford just added those items to their builds. 05-09 no sequentials but aftermarket was huge. Then 2010 plus they added. Also no blackout rear then added 2013 plus. Killed it for me.

 

[JohnS1111]

I am interested, but this entire kickstarter structure does not make sense to me


$199 or more
1st Place

$239 or more
2nd Place

I backed you anyways. Good luck and maybe the pony will glow.

 

[priext]

Backed this morning! Hope the project goes well for you and maybe they will be ready before my car is ready xD

 

[RedDragon]

im in also!

 

[derelict]

I am interested, but this entire kickstarter structure does not make sense to me


$199 or more
1st Place

$239 or more
2nd Place

I backed you anyways. Good luck and maybe the pony will glow.

The way I read it is that the lower cost spots are limited and go first. So if you miss out on the First place slots (they are all full), then you have to pick the 2nd place slots, etc.. so the early supporters (like me!) will get a preproduction part for $199. The 2nd place guys will get one for $239. etc...

 

[ValentinoRossi]

I badly want one of these for my premium. I think this is the feature I liked the most about the GT(besides the performance bump ofc). It just looks so cool on an electric car.

I'm in for one, I wish there were more of the $179 slots available but whatever, still a nice deal for $199. Glad to back a Navy veteran too, I know my money is in good hands!

 

[ValentinoRossi]

Completely off topic but recommended after I pledged to your kickstarter was this: KeyX - ALL-IN-ONE Smart Car Key & Universal Remote by KeyX Team — Kickstarter

is it just me or is this insane? they put a key fob into a box and put it in the glove box and mechannically actuate the keys. the punks who break into cars and look in the glove box for the valet key are going to have a field day when they find a car with one of these.

 

[Gimme_my_MME]

Completely off topic but recommended after I pledged to your kickstarter was this: KeyX - ALL-IN-ONE Smart Car Key & Universal Remote by KeyX Team — Kickstarter

is it just me or is this insane? they put a key fob into a box and put it in the glove box and mechannically actuate the keys. the punks who break into cars and look in the glove box for the valet key are going to have a field day when they find a car with one of these.

Whaaaaat? That's just.....nope

 

[GrumblesTheDog]

is it just me or is this insane? they put a key fob into a box and put it in the glove box and mechannically actuate the keys. the punks who break into cars and look in the glove box for the valet key are going to have a field day when they find a car with one of these.

FINALLY, some entrepreneurial soul decided to tackle the problem where (checks notes) you're holding your car keys and want to...turn the volume up on your TV?

 

[exact33]

I badly want one of these for my premium. I think this is the feature I liked the most about the GT(besides the performance bump ofc). It just looks so cool on an electric car.

I'm in for one, I wish there were more of the $179 slots available but whatever, still a nice deal for $199. Glad to back a Navy veteran too, I know my money is in good hands!

I am in for first place as well! This is the #1 item on my wish list

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