Date: Sat, 20 Feb 1999 20:25:54 -0800
Reply-To: David Marshall <vanagon@VOLKSWAGEN.ORG>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: David Marshall <vanagon@VOLKSWAGEN.ORG>
Subject: HELP - The Volkswagen Lawyers are after me! - HELP
Content-Type: text/plain; charset="iso-8859-1"
Help! =:O
I recieved a register letter in the mail yesterday from the lawyers that
represent Volkswagen of Americia. Coments and suggestions please - lets
hope that VANAGON.COM isn't next.
**** LETTER AS FOLLOWS ****
David Marshall
Box 15 RR 8 Scott Site Quesnet, BC V2J 5E6 Canada
RE
Trademark Infrinaement and Domain Narne Hiiackini@ Mark: VOLKSWAGENG File
No.: IW.0029
Dear Mr. Marshall
We represent Volkswagen of America, Inc. ("VWoA"), a wholly-owned
subsidiary and exclusive U.S. importer of cars manufactured by Volkswagen
AG ("Volkswagen") and
Audi AG. VWOA is charged with protecting trademarks associated with those
cars. Our client appreciates your enthusiasm and efforts to share your
experiences regarding Volkswagen products. However, VWOA cannot permit even
enthusiasts to use its trademarks without permission.
Accordingly, when VWOA recently learned that you are using its registered
trademark, the word VOLKSWAGEN, in your domain names, VOLKSWAGEN-ORG and
VOLKSWAGEN.NET 'they asked us to contact you. As you no doubt know,
Volkswagen is a registered trademark owned by our client (see attached
sample registration). Your use of this mark violates the Lanham Act, 15
U.S.C. §§ 11 14, 1125, dilutes the strength of Volkswagen's trademark, and
infringes upon Volkswagen's state and common law trademark rights.
By this letter, we request that you cancel the domain name registrations
for VOLKSWAGEN.ORG and VOLKSWAGEN.NET immediately and choose another domain
name that does not incorporate any Volkswagen trademark. If we have not
heard from you by February 24, 1999, we will advise VWOA to pursue other
legal remedies, including initiation of dispute procedures with Network
Solutions, Inc. to suspend your domain names registrations for
VOLKSWAGEN.NET and VOLKSWAGEN.ORG.
In addition, should you decide to continue with a website under a new
non-infringing domain name, we request that you display the following
disclaimer language on the first page of the website in the same size type
as the rest of the text: "This website is not affiliated with or sponsored
by Volkswagen AG, Volkswagen of America, Inc. or their authorized dealers."
Please sign and return a copy of this letter to acknowledge your agreement
to withdraw the infringing domain names and to cease all infringements
described above. Again, Volkswagen appreciates your interest and enthusiasm
for its products, but we must protect the valuable trademark rights of our
client by not allowing unauthorized infringements.
Sincerely,
Kristen E. Mollnow
Concur:
By:
(Signature)
(Print Name)
-- David Marshall - Vanagon List Admin - Quesnel, BC, Canada --
-- 78 VW Rabbit, 80 VW Caddy, 87 Audi 5KSQ, 85 VW Cabriolet --
-- 88 2.0L VW Syncro Double Cab, WANTED: VW / Bombardier Iltis --
-- David's Volkswagen Home Page http://www.volkswagen.org --
-- Fast Forward Autobahn Sport Tuning http://www.fastforward.ca --
-- david@volkswagen.org (pmail) or vanagon@volkswagen.org (list) --
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