Date: Sat, 20 Feb 1999 23:23:00 -0600
Reply-To: Marshall Ruskin <mruskin@PANGEA.CA>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Marshall Ruskin <mruskin@PANGEA.CA>
Subject: Re: HELP - The Volkswagen Lawyers are after me! - HELP
Content-Type: text/plain; charset="iso-8859-1"
To cut a long story short, it is best to do what they ask. They do have
rights, which truthfully, are being infringed (IMHO).
You can probably fight it, but it will cost money, and why suffer the
aggravation?
I would action their request, and as quickly as possible. I don't know who
has liability here, but it might be you.
One thing, you should ask them to send you a letter confirming that if you
follow their request, they will cease all actions now and in the future. Get
it in writing before you do anything. Otherwise, why bother actioning their
request.....
I would also contact a lawyer, or otherwise get some good legal advice.
Maybe contact the CBC, it is a newsworthy story, I think (David against
Goliath, how's that for a pun?). Shit.
Marshall Ruskin
-----Original Message-----
From: David Marshall <vanagon@VOLKSWAGEN.ORG>
To: vanagon@GERRY.VANAGON.COM <vanagon@GERRY.VANAGON.COM>
Date: Saturday, February 20, 1999 10:25 PM
Subject: HELP - The Volkswagen Lawyers are after me! - HELP
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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