Date: Tue, 23 Feb 1999 18:40:36 -0800
Reply-To: David Marshall <vanagon@VOLKSWAGEN.ORG>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: David Marshall <vanagon@VOLKSWAGEN.ORG>
Subject: Re: HELP - The Volkswagen Lawyers are after me! - HELP
In-Reply-To: <v02140b00b2f60e7a8508@[192.168.0.1]>
Content-Type: text/plain; charset="us-ascii"
From how it is written, I can see why Porsche is doing what they are doing.
For people who are profiting from their trademark. The VOLKSWAGEN.ORG
site is non-profit and pro-volkswagen. I can't see what the problem is.
I have written a reply to the letter and cc'ed to VWAG and VWOA. I will
hold the contents of that letter confidential until I hear back from the
lawyers / Volkswagen. I have made a reasonable offer that would not make
sence for Volkswagen to accept.
At 11:33 21/02/1999 -0800, Ari Ollikainen wrote:
> The same trademark protection action has been applied by Porsche.
> The PorscheList (porschelist.com) is a potential casualty...
>
> Here's Porsche's press release...draw your on conclusions about
> their determination to control their trademarks:
>
>
>PORSCHE FILES LAWSUIT AGAINST 130 INTERNET DOMAIN NAMES FOR TRADEMARK
>INFRINGEMENT
>
>ATLANTA, GEORGIA, JAN. 13, 1999 --- In an action taken to protect the
>Porsche name and trademark, Porsche AG and Porsche Cars North America have
>filed an unprecedented lawsuit against approximately 130 Internet domain
>names that use the trademark Porsche or a variation of the trademark
>Porsche. The in rem (i.e., against the thing) complaint was filed on Jan.
>6, 1999, in the United States District Court for the Eastern District of
>Virginia.
>
>"As the Internet has expanded, Porsche has become the victim of trademark
>infringement," said Patricia R. Britton, General Counsel of Porsche Cars
>North America. "Porsche is one of the most recognized and respected
>trademarks in the world. As a result, trademark infringers want to
>capitalize on the good will and reputation of Porsche in establishing their
>presence on the Internet. These infringers range from operators of hardcore
>pornographic web sites to speculators who attempt to profit from the
>registration and trafficking of domain names that use the trademark
>Porsche."
>
>In an in rem lawsuit, a plaintiff sues property or things rather than
>persons or entities. Therefore, Porsche is not suing the individuals or
>entities that registered the domain names, but the domain names themselves.
>The suit was filed in Virginia because the domain names and their registry
>certificates are located with Network Solutions, Inc., headquartered in
>Herndon, Virginia. Upon filing the lawsuit, Network Solutions will deposit
>the domain name registry certificates with the Clerk of the Court and the
>Court will then have complete dominion and jurisdiction over the domain
>names. The Court will then be requested to allow Porsche to give notice to
>the registrants of the domain names who can then appear in Court and
>explain why they should be allowed to continue to use the domain names. If
>a domain name is not claimed by a registrant who has a legitimate reason
>for registering and/or using the domain name, Porsche will request that the
>Court delete or transfer the domain name to Porsche.
>
>Porsche is proceeding in an in rem lawsuit because it has discovered that
>many of the registrants of the domain names infringing on the trademark
>Porsche use fictitious names and addresses, and provide other false
>information in registering the domain names to insulate themselves from
>service of process. Some of the domain names are registered by United
>States companies or individuals who create fictitious offshore corporations
>that then register the domain names. The anonymity of the Internet allows
>trademark infringers to establish such fronts so that service of process on
>the registrants is impossible.
>
>"Trademark infringement on the Internet places a huge burden on famous
>trademark holders in policing domain names and enforcing trademark rights,"
>Britton added. "Choosing to ignore such practices and infringements is not
>an option to trademark owners because the trademark laws require them to
>police their trademarks. Porsche has spent millions of dollars and many
>years promoting the good will associated with its trademarks. In a very
>real sense, the trademarks are the crown jewels of Porsche and must be
>protected as such."
>
>
>Contact:
>Bob Carlson
>General Manager, Public Relations
>770-290-3676
>
>
>
>
>
>
> OLTECO Ari Ollikainen
> P.O. BOX 3688 Networking Technology and Architecture
> Stanford, CA Ari@OLTECO.com
> 94309-3688 415.517.3519
>
>
-- 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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