Date: Mon, 22 Feb 1999 12:09:15 -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
In-Reply-To: <19990222.081922.7551.1.vmontgo32@juno.com>
Content-Type: TEXT/PLAIN; charset=US-ASCII
On Mon, 22 Feb 1999, Victor Montgomery wrote:
> If they are smart, and they are, they will COUNTERSUE and it will cost
> you at ton of money in damages and attorney's fees. Not a smart idea.
Wrong! This is your best defense. I've been there. You sound like
Bob Anderson talking out of your a**. VW will think twice about
what they are doing, and why. Flame at will but experience is
a much better teacher.
>
> Victor...
>
> On Sun, 21 Feb 1999 10:45:40 -0500 EMZ <vw4x4@FYI.NET> writes:
> > 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
> > =20
> >
> >On Sat, 20 Feb 1999, David Marshall wrote:
> >
> >> Help! =3D: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.
> >>=20
> >> **** LETTER AS FOLLOWS ****
> >>=20
> >> David Marshall=20
> >> Box 15 RR 8 Scott Site Quesnet, BC V2J 5E6 Canada=20
> >>=20
> >> RE=20
> >>=20
> >> Trademark Infrinaement and Domain Narne Hiiackini@ Mark: VOLKSWAGENG
> >File
> >> No.: IW.0029=20
> >>=20
> >> Dear Mr. Marshall=20
> >>=20
> >> We represent Volkswagen of America, Inc. ("VWoA"), a wholly-owned
> >> subsidiary and exclusive U.S. importer of cars manufactured by
> >Volkswagen
> >> AG ("Volkswagen") and=20
> >> 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 ev=
> >en
> >> enthusiasts to use its trademarks without permission.=20
> >>=20
> >> 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. =A7=A7 11 14, 1125, dilutes the strength of Volkswagen's
> >trademark=
> >, and
> >> infringes upon Volkswagen's state and common law trademark
> >rights.=20
> >>=20
> >> By this letter, we request that you cancel the domain name
> >registrations
> >> for VOLKSWAGEN.ORG and VOLKSWAGEN.NET immediately and choose another
> >doma=
> >in
> >> 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.=20
> >> 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 typ=
> >e
> >> as the rest of the text: "This website is not affiliated with or
> >sponsore=
> >d
> >> by Volkswagen AG, Volkswagen of America, Inc. or their authorized
> >dealers=
> >=2E"=20
> >>=20
> >> Please sign and return a copy of this letter to acknowledge your
> >agreemen=
> >t
> >> to withdraw the infringing domain names and to cease all
> >infringements
> >> described above. Again, Volkswagen appreciates your interest and
> >enthusia=
> >sm
> >> for its products, but we must protect the valuable trademark rights
> >of ou=
> >r
> >> client by not allowing unauthorized infringements.=20
> >>=20
> >> Sincerely,=20
> >>=20
> >> Kristen E. Mollnow=20
> >>=20
> >> Concur:=20
> >>=20
> >> By:=20
> >>=20
> >> (Signature)=20
> >>=20
> >> (Print Name)=20
> >>=20
> >>=20
> >>=20
> >> -- 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) --
> >>=20
> >
>
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