Date:         Sat, 27 Feb 1999 14:23:01 +0100
Reply-To:     Per Lindgren <lindgre@ONLINE.NO>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Per Lindgren <lindgre@ONLINE.NO>
Subject:      Re: HELP - The Volkswagen Lawyers are after me! - HELP
Content-Type: text/plain; charset=iso-8859-1

It seems that the VW lawyers have a bigger battle ahead than David's domain
name. Check out this article from Reuters:




>
>
> Rolls-Royce, Volkswagen file suit over trademarks
>
>
>      WILMINGTON, Del., Feb 25 (Reuters) - Rolls-Royce Plc of Britain and two units of Germany's
> Volkswagen AG have sued three companies of a Canadian businessman for alleged infringement of
> trademarks for the luxury autos Rolls-Royce and Bentley.
>
>      In papers filed Tuesday in the U.S. District Court in Delaware, the plaintiffs asked the court to block
> Rolls-Royce of America Inc., Rolls-Royce Motors Ltd., and Bentley Motor Cars Ltd. from using the Rolls
> name, its intertwined RR trademark, the designs for the Flying Lady hood ornament and the radiator grille,
> and the "spirit of ecstasy" slogan.
>
>      Ian Fitzwilliam of Canada contends that because Rolls Plc allegedly failed to protect its trademarks in
> the past, the trademarks no longer meet the "distinctive" standard required for registration.
>
>      Rolls-Royce and Volkswagen claim the name has belonged to Rolls Plc and its predecessors since
> 1907 and they allege the Canadian businessman's companies are engaging in "deceptive trade practices."
>
>      After a 1971 bankruptcy, Rolls Plc continued operating as a manufacturer and service provider for
> aircraft engines, and the auto business was transferred to Vickers Plc .
>
>      Last year Volkswagen bought the auto factory in Crewe, England, from Vickers. It also acquired the
> right to use the Bentley name and to operate as Rolls-Royce Motor Cars Ltd. and Bentley Motors Ltd., the
> two VW plaintiffs in the lawsuit.
>
>      At the same time, BMW AG acquired a license, effective 2003, to use the Rolls-Royce name.
>
>      But Fitzwilliam, chief executive of the defendant companies, told Reuters in an interview from his
> Toronto office that pending in Canada are his legal challenges to Rolls-Royce Plc's claims of trademark
> ownership. Defendants in those suits are Rolls Plc, Volkswagen, BMW and their chairmen.
>
>      Fitzwilliam does business as Roll-Royce Ltd., the parent of several non-profit, non-trading entities --
> including the defendants, which are incorporated in Delaware.
>
>      Fitzwilliam charged to Reuters that the plaintiffs intended to expropriate his plans for Rolls-related
> projects despite having "entered into a comprehensive confidentiality agreement" with him in March
> 1998.
>
>      Fitzwilliams' plans called for an Internet registry of the 75,000 extant Rolls and Bentleys; a Rolls
> buyers guide; auto sales; chauffeur-driven rentals; a worldwide network of 1,000 dealers; and the
> manufacture of limited editions of Rolls classics like the Phantom VI, to sell for upwards of $500,000
> each.
>
>      "It is my belief that the information we shared with the plaintiffs has tremendous value to them and
> other players in the automotive industry," Fitzwilliam said.
>
>      Fitzwilliam said he once owned 22 Rolls Phantom V and Phantom VI models, making him the world's
> largest collector of the Rolls flagship line at the time.
>
>      Of the legal battle he faces, Fitzwilliam said, "I believe they are of the opinion they are able to exhaust
> our financial resources. But I say that I will not be satisfied until justice rolls down like waters."
>
>      Robert Baugniet, vice president of Rolls Plc's Rolls-Royce North America subsidiary, would not
> comment on the suit except to say that Rolls Plc owns "the name and the mark, and we've licensed it to
> BMW, who will commence using it in 2003."
>
> Copyright © 1999 Reuters Limited. All rights reserved. Republication or redistribution of Reuters
> Limited content, including by framing or similar means, is expressly prohibited without the prior
> written consent of Reuters Limited. Reuters Limited shall not be liable for any errors or delays in the
> content, or for any actions taken in reliance thereon.
>

PerL