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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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