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Plumber sues Ford dealer after truck with company logo was used by extremists in Syria

cigaretteman

HB King
May 29, 2001
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The black Ford F-250 started life as a truck for a Texas-based plumbing company, carrying toilets, pipes and other supplies. But then it was sold to a Ford dealership in Houston, and after that shepherded off to parts unknown. Until, that is, it appeared as the focal point of a tweet from a supposed extremist last December.

The photo indicated that the truck no longer carried ceramic parts; emerging from its cargo bed were a black-cloaked figure and an antiaircraft gun. According to the tweet, the truck was being used by Jaish al-Muhajireen wal-Ansar (the “Muhajireen Brigade”), an extremist group fighting the Syrian government.

Yet even with its function entirely transformed, the truck still bore the insignia of its past life, a decal that clearly read: “Mark-1 Plumbing.”

Underneath this large lettering was an equally clear label of the company’s phone number — a number that, after the photo went viral within days of posting, began ringing nonstop.

On the other end of these mostly caustic calls was Mark Oberholtzer, owner of Mark-1 Plumbing in Texas City, whose reputation rapidly went from small-business owner to terrorist sympathizer. He wasn’t the latter, of course, but the widely shared picture of his old truck spoke louder than his plaintive explanations.

“How it ended up in Syria, I’ll never know,” Oberholtzer told the Galveston County Daily News at the time. “I just want it to go away, to tell you the truth.”

[Plumber gets threats after old truck, complete with logo, shows up with Syria jihadists]

Now Oberholtzer has filed a lawsuit against AutoNation Ford Gulf Freeway, the Houston dealership where he traded in the truck. According to the complaint filed last week, AutoNation misrepresented its intentions to remove the decal, causing Oberholtzer, his business and his family “severe harm.”

AutoNation did not immediately respond to The Washington Post’s request for comment Sunday evening. According to Courthouse News, the dealership’s sales manager did not respond to a phone message placed last week.

A spokesman for the company told the Huffington Post last December that “AutoNation was nothing but the pass-through for this vehicle” and had no involvement in its eventual arrival in the hands of Islamist militants.

The lawsuit claims that Oberholtzer started to peel the “Mark-1 Plumbing” decal off when a salesman told him that doing so would blemish the paint on the vehicle. The salesman, Edgar Velasquez, allegedly assured Oberholtzer that the dealership would remove the decal.

The complaint says that neither Velasquez nor any other employee told Oberholtzer that the decals would remain on the truck.

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The horror of the truck’s ultimate destination was multiplied by the attention it received and, in turn, the attention that it drew to Oberholtzer’s business.

A few days after the photo of the truck surfaced on the Internet, Stephen Colbert featured the story as an opening item on his final show — the most-watched episode in the Colbert Report’s history, at 2.5 million viewers.

On his segment, Colbert joked that Syria “is going down the toilet, but for the first time, they know who to call to unclog it.”

Mark-1 Plumbing received more than 1,000 phone calls from across the country just two days after the tweet was posted, Oberholtzer’s suit alleges. His family members feared for their lives, and his secretary was too scared to return to the office.

The complaint claims that AutoNation is guilty of, among other things, gross negligence, common-law fraud, negligent misrepresentation and invasion of privacy by appropriation of name.

The most curious part of the story is perhaps how the truck reached extremists in the first place.

An AutoNation spokesman told the Huffington Post that after Oberholtzer’s trade-in in October 2013, the vehicle was immediately sent to an auction house, which then sold it to a local used car dealer. According to the lawsuit, a vehicle history report says the truck was imported at Mersin, Turkey, on Dec. 18, 2013.

The damaging tweet was sent out almost exactly a year later.

Oberholtzer’s Ford isn’t the only car that has been repurposed for use by extremists. The Islamic State is known for featuring Toyota trucks and SUVs in its graphic propaganda videos, prompting the U.S. government to ask the Japanese automaker why so many of its products have landed in the militant group’s clutches.

“How could these brand-new trucks … these four-wheel drives, hundreds of them — where are they coming from?” asked Iraqi Ambassador to the United States Lukman Faily in an interview with ABC News.

Toyota distributors in the region told ABC that they did not know how their vehicles reached the Islamic State.

https://www.washingtonpost.com/news...-by-jihadists-in-syria/?tid=pm_national_pop_b
 
Unless he had something written in his sales agreement to remove the decal or phone/contact info, he will probably lose. One would think that he would have obtained this in writing, to prevent someone acquiring the truck from passing themselves off as his company/employee, but shame on him if he did not insist on it and get it as part of the written vehicle sales agreement. A handshake/verbal is unlikely to do him much good.
 
Unless he had something written in his sales agreement to remove the decal or phone/contact info, he will probably lose. One would think that he would have obtained this in writing, to prevent someone acquiring the truck from passing themselves off as his company/employee, but shame on him if he did not insist on it and get it as part of the written vehicle sales agreement. A handshake/verbal is unlikely to do him much good.


However, if he can prove that this video/photo directly damaged his business, he may have a case.
 
However, if he can prove that this video/photo directly damaged his business, he may have a case.
I think we need a legal expert. I kind of lean towards he should have expressly written into the contract that the decals be removed. The truck winding up in the ME is a wild result, but as common sense wouldn't you want your vehicle to not wind up on the nightly news in the US in an armed robbery, or wreck on an interstate that kills people because the driver was drunk?
 
He should embrace the free advertising.

"Mark-1 Plumbing will blast your pipes open. Our estimates are always on target. Don't call the JV team when you can call Mark-1 Plumbing."

* If you use this, I want a free drain snake.
 
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Hard to feel sorry for this guy, if he wasn't too lazy to remove his own decal this would not have been an issue. Life lessons my friend.
 
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He should embrace the free advertising.

"Mark-1 Plumbing will blast your pipes open. Our estimates are always on target. Don't call the JV team when you can call Mark-1 Plumbing."

* If you use this, I want a free drain snake
.

I'm sure you do.
 
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I think we need a legal expert. I kind of lean towards he should have expressly written into the contract that the decals be removed. The truck winding up in the ME is a wild result, but as common sense wouldn't you want your vehicle to not wind up on the nightly news in the US in an armed robbery, or wreck on an interstate that kills people because the driver was drunk?

Wouldn't who ever you sell the vehicle to remove such things as a matter of course. I'd find it odd that someone would come on your lot and want to buy a used truck and see one with "Mark's plumbing" on there and say I want that one and leave that label on!"
 
Wouldn't who ever you sell the vehicle to remove such things as a matter of course. I'd find it odd that someone would come on your lot and want to buy a used truck and see one with "Mark's plumbing" on there and say I want that one and leave that label on!"

They are generally sold thru mass auctions, not to individuals. Often sight-unseen.
 
According to the story on the radio, he was removing the decals when the dealer rep told him they would take care of that since just peeling them off would damage the paint. If that's the case, this one will never go to court...the dealer will settle. He's gotten thousands of threatening phone calls and messages since the pic went viral.
 
According to the story on the radio, he was removing the decals when the dealer rep told him they would take care of that since just peeling them off would damage the paint. If that's the case, this one will never go to court...the dealer will settle. He's gotten thousands of threatening phone calls and messages since the pic went viral.
If that is the case, then yes the dealer is totally responsible and I would then feel bad for the plumber.
 
According to the story on the radio, he was removing the decals when the dealer rep told him they would take care of that since just peeling them off would damage the paint. If that's the case, this one will never go to court...the dealer will settle. He's gotten thousands of threatening phone calls and messages since the pic went viral.


Probably not that simple. My logos are all painted.
 
According to the story on the radio, he was removing the decals when the dealer rep told him they would take care of that since just peeling them off would damage the paint. If that's the case, this one will never go to court...the dealer will settle. He's gotten thousands of threatening phone calls and messages since the pic went viral.

Who would make a threatening phone call over this? Thousands? I guess I see this as more amusing than outrageous.
 
And, according to him, the dealer told him NOT to peel them off at risk of damaging the paint. He was told the dealer would remove them. That's what the whole story spins on. If he's telling the truth, the dealer is liable.
But the dealer had no idea the truck would end up in the hands of ISIS. Mark The Plumber has to show that they knew when the truck was going overseas that it would end up with ISIS to hold the dealership responsible for the negative publicity and win in court. That's going to be hard to prove. Like so many other cases, this will settle
 
But the dealer had no idea the truck would end up in the hands of ISIS. Mark The Plumber has to show that they knew when the truck was going overseas that it would end up with ISIS to hold the dealership responsible for the negative publicity and win in court. That's going to be hard to prove. Like so many other cases, this will settle

Not really. A company I worked for traded in a van with our logo on it. It was supposed to be painted over before resale. My brother, the cop, called me one day and told me our van had been reported on the scene of several different crimes. We got a very generous discount on our next purchase.

Had someone bought his truck and crashed into a school bus, killing kids, and a photo of that went viral...same deal. IF the dealer said they were going to remove the identification and didn't do so, they're liable for any damages he can substantiate caused to the original owner. It will settle because the dealer knows (IF they said they would remove the info) that they're liable.
 
I don't know why you would sell a vehicle or anything for that matter w/out removing something personal like a logo or a business name. This is on the plumbing guy. If you're name/brand is important to you, do something to protect it.

I see old cop cars and USPS trucks on the streets, but the markings have been removed and I'm guessing they weren't depending on somebody to do it for them.

As Joker said, life lessons are hard.
 
Not really. A company I worked for traded in a van with our logo on it. It was supposed to be painted over before resale. My brother, the cop, called me one day and told me our van had been reported on the scene of several different crimes. We got a very generous discount on our next purchase.

Had someone bought his truck and crashed into a school bus, killing kids, and a photo of that went viral...same deal. IF the dealer said they were going to remove the identification and didn't do so, they're liable for any damages he can substantiate caused to the original owner. It will settle because the dealer knows (IF they said they would remove the info) that they're liable.
Your van being at the site of a vandalism is different than your van being at the center of an ISIS video. So is getting a 20% discount on your next vehicle purchase and a lawsuit for $1 million
 
I work in an industry where we have a lot of equipment with decals on them and sell or trade equipment often. You never trade or sell anything with out taking your own decals off your equipment and trust someone else to do it. It's rule number one, if that happened at my work who ever was accountable would be fired. Since this idiot did it himself I guess he's firing himself by going out of business for being an idiot.
 
And, according to him, the dealer told him NOT to peel them off at risk of damaging the paint. He was told the dealer would remove them. That's what the whole story spins on. If he's telling the truth, the dealer is liable.
Right, I said IF that was the case then I put blame on the dealership AND I would feel sympathy for this guy.
 
Your van being at the site of a vandalism is different than your van being at the center of an ISIS video. So is getting a 20% discount on your next vehicle purchase and a lawsuit for $1 million

I guess you missed the point. And it was actually a drug deal in one case and an attempted murder in the other. And if pics from either had made the local news, we could have gotten more than a good discount.

The dealer doesn't have to know that "the truck would end up in the hands of ISIS". Mark the Plumber doesn't have to "show that they knew when the truck was going overseas that it would end up with ISIS to hold the dealership responsible for the negative publicity and win in court". All he has to show is that they took on the responsibility of removing the logo, failed to fulfill that responsibility, and then sold that truck with the logo still intact. Then it's just a matter of determining damages.
 
To be fair, I hear Mark-1 Plumping is really good at blasting away stuck Shiites
 
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