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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
Comments: To: vw4x4@FYI.NET

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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