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Date:         Tue, 31 Aug 1999 19:50:42 -0700
Reply-To:     David Marshall <vanagon@VOLKSWAGEN.ORG>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         David Marshall <vanagon@VOLKSWAGEN.ORG>
Subject:      Re: Internet firm sues Volkswagen over Web site name
Comments: To: Per Lindgren <lindgre@ONLINE.NO>
In-Reply-To:  <37CC740F.5A6DEE50@online.no>
Content-Type: text/plain; charset="iso-8859-1"

Not again!

At 02:32 AM 01/09/1999 +0200, Per Lindgren wrote: >From www.auto.com > >PerL >87 Syncro 112i > >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> > > DETROIT, Aug 30 (Reuters) - An Internet service provider under >pressure from Volkswagen AG to >stop using the Web address www.vw.net has filed suit in a Virginia >federal court in a bid to block an >attempt to reassign the domain name. > > Virtual Works Inc., based in Herndon, Va., filed the civil lawsuit >on Friday in U.S. District Court in >Alexandria. Va. It is seeking $1 million in damages from the German >automaker. It also sued Network >Solutions Inc. (NSI), which until recently enjoyed a monopoly in >assigning domain names ending in .com, >.org and .net. > > Virtual Works claims NSI and Volkswagen have no legal justification >for challenging its use of >www.vw.net, which it said NSI assigned to the Internet service provider >in 1996. A year earlier, VW >was assigned the address http://www.vw.com, leaving http://www.vw.net >unclaimed. > > Virtual Works alleges a reassignment of the name would constitute a >breach of contract and an illegal >confiscation on NSI's part. In addition, the Internet service provider >alleges that VW is improperly >interfering with its economic relationships by seeking the Web address >for itself. > > Volkswagen spokesman Tony Fouladpour said the company had not seen >the lawsuit, but it intended to >pursue its claim. > > "We are going to protect our trademark, especially when it comes to >domain names," he said. > > Fouladpour added Virtual Works only came to Volkswagen's attention >when it tried to sell the domain >name back to the automaker last year. > > Virginia-based NSI said it does not discuss ongoing litigation. > > Earlier this year, Volkswagen asked NSI to take back the domain >name from Virtual Works, charging >that the site violated its trademark, which includes the letters VW. NSI >told Virtual Works in a May 4 >letter that it would transfer the www.vw.net domain name to Volkswagen, >the lawsuit said. > > Virtual Works Chief Executive James Anderson pointed out VW >registered for www.vw.com in 1995 >and left www.vw.net free for his company the following year. The >automaker then said nothing until >December 1998 when he received a letter threatening a lawsuit. > > Under the 1996 Trademark Dilution Act, a company can seek to stop >another party from using a >trademark even if that party is not in the same business. Companies also >need to show they are protecting >their trademarks or they can lose their rights to them. > > > > > >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. > >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> > >

-- David Marshall - - Quesnel, BC, Canada -- -- 78 VW Rabbit, 80 VW Caddy, 84 VW Westie, 85 VW Cabriolet -- -- 87 Audi 5000 Quattro, 88 2.0L VW Syncro Double Cab -- -- 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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