Ford Sues John Cena for Flipping Ford GT
By Beth Florkowski of Fausone Bohn, LLP posted in News and Press on Friday, April 6, 2018.
Ford Motor Company produces the Ford GT limited edition two-seater sports car designed to deliver extraordinary speed with a 647 horsepower engine that has a manufacturer’s suggested retail price of over $450,000. Since the demand for the vehicle is much greater than the supply, Ford has a GT Program and application process. As part of the application process the purchaser agrees to promote the Ford GT and not to sell the vehicle for a period of 24 months after the purchase.
On July 29, 2016, John Cena of WWE fame was selected by Ford to purchase one of the 500 Ford GTs produced in 2017. Mr. Cena has a number of expensive sports cars and the Ford GT was added to his collection. A few weeks after delivery of the Ford GT, Mr. Cena sold his it to a third party, presumably at a profit. Ford Motor company has sued him claiming breach of the resale restriction and claiming damage to Ford’s brand. Ford is asking for the profit made on the resale, the right to buy back the GT at the original price and damages in excess of $75,000.
Mr. Cena has filed a motion to dismiss the lawsuit claiming that the final sales agreement with the dealer did not include the resale clause. It will be interesting to see how the judge decides the lawsuit.