Date: Mon, 22 Feb 1999 08:19:47 EST
Reply-To: vmontgo32@JUNO.COM
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Victor Montgomery <vmontgo32@JUNO.COM>
Subject: Re: HELP - The Volkswagen Lawyers are after me! - HELP
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.
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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