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Date:         Sun, 21 Feb 1999 10:45:40 -0500
Reply-To:     EMZ <vw4x4@FYI.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         EMZ <vw4x4@FYI.NET>
Subject:      Re: HELP - The Volkswagen Lawyers are after me! - HELP
Comments: To: David Marshall <vanagon@VOLKSWAGEN.ORG>
In-Reply-To:  <3.0.3.32.19990220202554.011a511c@mail.abccom.bc.ca>
Content-Type: TEXT/PLAIN; charset=US-ASCII

If you really want to fight this, its expensive, but easy. VW just made a big, misstake. The thing to do is without warning sue them, claiming that you own the name! Looks to me as if they let the cat out of the bag here. This will send the action in to a different light all of a sudden and they may... just may go away.

Eric 86-VW4x4 vw4x4@fyi.net 72-240z Pittsburgh, PA USA 1936-Chrysler

On Sat, 20 Feb 1999, David Marshall wrote:

> 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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