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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


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