Date: Sun, 21 Feb 1999 11:33:19 -0800
Reply-To: Ari Ollikainen <Ari@OLTECO.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Ari Ollikainen <Ari@OLTECO.COM>
Subject: Re: HELP - The Volkswagen Lawyers are after me! - HELP
Content-Type: text/plain; charset="us-ascii"
The same trademark protection action has been applied by Porsche.
The PorscheList (porschelist.com) is a potential casualty...
Here's Porsche's press release...draw your on conclusions about
their determination to control their trademarks:
PORSCHE FILES LAWSUIT AGAINST 130 INTERNET DOMAIN NAMES FOR TRADEMARK
INFRINGEMENT
ATLANTA, GEORGIA, JAN. 13, 1999 --- In an action taken to protect the
Porsche name and trademark, Porsche AG and Porsche Cars North America have
filed an unprecedented lawsuit against approximately 130 Internet domain
names that use the trademark Porsche or a variation of the trademark
Porsche. The in rem (i.e., against the thing) complaint was filed on Jan.
6, 1999, in the United States District Court for the Eastern District of
Virginia.
"As the Internet has expanded, Porsche has become the victim of trademark
infringement," said Patricia R. Britton, General Counsel of Porsche Cars
North America. "Porsche is one of the most recognized and respected
trademarks in the world. As a result, trademark infringers want to
capitalize on the good will and reputation of Porsche in establishing their
presence on the Internet. These infringers range from operators of hardcore
pornographic web sites to speculators who attempt to profit from the
registration and trafficking of domain names that use the trademark
Porsche."
In an in rem lawsuit, a plaintiff sues property or things rather than
persons or entities. Therefore, Porsche is not suing the individuals or
entities that registered the domain names, but the domain names themselves.
The suit was filed in Virginia because the domain names and their registry
certificates are located with Network Solutions, Inc., headquartered in
Herndon, Virginia. Upon filing the lawsuit, Network Solutions will deposit
the domain name registry certificates with the Clerk of the Court and the
Court will then have complete dominion and jurisdiction over the domain
names. The Court will then be requested to allow Porsche to give notice to
the registrants of the domain names who can then appear in Court and
explain why they should be allowed to continue to use the domain names. If
a domain name is not claimed by a registrant who has a legitimate reason
for registering and/or using the domain name, Porsche will request that the
Court delete or transfer the domain name to Porsche.
Porsche is proceeding in an in rem lawsuit because it has discovered that
many of the registrants of the domain names infringing on the trademark
Porsche use fictitious names and addresses, and provide other false
information in registering the domain names to insulate themselves from
service of process. Some of the domain names are registered by United
States companies or individuals who create fictitious offshore corporations
that then register the domain names. The anonymity of the Internet allows
trademark infringers to establish such fronts so that service of process on
the registrants is impossible.
"Trademark infringement on the Internet places a huge burden on famous
trademark holders in policing domain names and enforcing trademark rights,"
Britton added. "Choosing to ignore such practices and infringements is not
an option to trademark owners because the trademark laws require them to
police their trademarks. Porsche has spent millions of dollars and many
years promoting the good will associated with its trademarks. In a very
real sense, the trademarks are the crown jewels of Porsche and must be
protected as such."
Contact:
Bob Carlson
General Manager, Public Relations
770-290-3676
OLTECO Ari Ollikainen
P.O. BOX 3688 Networking Technology and Architecture
Stanford, CA Ari@OLTECO.com
94309-3688 415.517.3519