RE: Logo Infringement

[16V Jason <jason@scirocco.org>]

At 01:01 PM 11/15/2001, Josh Hignight wrote:
>Would an email from each of us asking VwoA to stop pursuing legal action
>against enthusiast webpages help? This is getting old that we as VW
>enthusiasts can't even express our enjoyment in their products on the web
>because of their trademark infringement crap!


Right -- it's getting REALLY old.  VW has been at this shit for years, and 
to think that they're actually wasting money on legal fees for this kind of 
crap is ludicrous.  I completely understand their needing to protect their 
trademark -- I'm not saying that they should.  However, since none of us 
are commercial entities expecting to make any money from our websites, 
there should be no issue here.  If Mark or Mike were to use the VW logo, I 
could completely understand.

There is a huge distinction between a commercial website using the VW logo 
in an attempt to make a profit.  But for private use?  Come the fuck on -- 
what's the big deal.

Furthermore, VW is shooting themselves in the foot.  Don't give me this 
crap that they don't want people to associate their old cars with new 
ones.  They should be happy -- and indeed promote the fact -- that their 
cars have a huge enthusiast following all these years later.  If they were 
smart, they would grant permission to informative websites to use their 
logo -- and point to them from the VWOA page under a "community" link.

The fact that Dirk's site was slammed for trademark infringement is even 
more ridiculous -- the VW logos he uses on his page are a rotating artist's 
rendering of the VW Symbol, not a copy of the actual symbol itself.

Eventually VWOA will get to all of us and ask all of us to remove the 
logos.  My response?  I'll replace the one VW logo that's on my site with a 
picture of the VW logo from the back of my car.  If having a VW symbol on 
my car was trademark infringement, we'd all owe VW $250,000.  And since you 
can put a picture of your car on the Web and don't have to block out the 
logos, there should be no reason it would be illegal to have a close-up of 
the badge on your car.

It amazes me how petty VWoA really is.

Jason







>Eh, whatever, I should be working anyway...
>
>Joshua Hignight
>Student Services/Technical Services
>New Mexico Campus
>(505) 821-4800
>
>-----Original Message-----
>From: Neal Tovsen [mailto:sixteen.volt@verizon.net]
>Sent: Thursday, November 15, 2001 10:59 AM
>To: 'Dirk Schneider'; 'Scirocco List'
>Cc: 'Takacs Attila'; 'Macsek'; 'Sam'
>Subject: RE: Logo Infringement
>
>Aw, man! They're STILL doing that BS?
>
>This is VWoA...as in "of America". Your site is .de, right? I'm not a
>lawyer, but it would seem they have no jurisdiction.
>
>I just can't believe this crap. I would bet money that this
>"legal-warning.com" place is on contract from VW to do this junk. I hope, at
>least, that VW had no intent to screw their enthusiasts by hiring these
>jerks.
>
>Some people just don't have any decency.
>
>Neal
>
> > -----Original Message-----
> > From: owner-scirocco-l@scirocco.org
> > [mailto:owner-scirocco-l@scirocco.org]On Behalf Of Dirk Schneider
> > Sent: Thursday, November 15, 2001 12:39 PM
> > To: Scirocco List
> > Cc: Takacs Attila; Macsek; Sam
> > Subject: Fw: Logo Infringement
> >
> >
> > Hello listers,
> >
> > just got this stupid e-mail below.
> > did anyone else get such an e-mail recently ?
> >
> > is this important for me ? ( as it isn't written in german so
> > how should I read it ?? )
> >
> >
> > ARE THEY CRAZY OR WTF ????
> >
> > what is next ?  www.scirocco.org maybe ???
> >
> > slightly irritated
> > Dirk
> >
> >
> > ----- Original Message -----
> > From: "ceaseanddesist@legal-warning"
> > <ceaseanddesist@legal-warning.com>
> > To: <SCIROCCO@t-online.de>
> > Sent: Thursday, November 15, 2001 5:33 PM
> > Subject: Logo Infringement
> >
> >
> > RE:  First Letter/Logo Infringement
> > Mark:  VW(r)
> > File:  258
> > Dear Mr. Dirk Schneider:
> >
> > We represent Volkswagen of America, Inc. ("VWoA"), a wholly-owned
> > subsidiary and exclusive U.S. importer of cars manufactured
> > by Volkswagen
> > AG ("Volkswagen") and Audi AG ("Audi"). VWoA is charged with
> > protecting
> > trademarks associated with those cars and has asked us to
> > contact you on
> > its behalf.
> >
> > VWoA learned that you are using Volkswagen's registered mark
> > VW(r) on your
> > website SCIROCCO2.DE. However, the above referenced mark is a
> > registered
> > trademark belonging to Volkswagen, and may not be used without the
> > express permission of the owner. Your use of this mark, and the use of
> > the SCIROCCO advertisement on your website, violates the
> > Lanham Act, 15
> > U.S.C. §§ 1114, 1125, and infringes upon Volkswagen's state and common
> > law trademark rights.
> >
> > On behalf of VWoA, we request that upon receipt of this
> > letter you cease
> > and desist from using their registered mark on your website,
> > and on all
> > advertising or promotional materials. Your continuing use of
> > this mark is
> > misleading to the public and constitutes a misappropriation
> > of customer
> > goodwill developed and paid for by Volkswagen. For your
> > information, VW
> > was recently awarded damages in the excess of $250,000 against an
> > independent garage that refused to cease using VW's logos.
> > Volkswagen is
> > very diligent in enforcing trademark rights, and will not tolerate
> > infringements such as yours.
> >
> >
> >
> >
> > Sincerely,
> > Stephen J. Arpaia, Esq.
> >
> > -------------------------------
> > IP Protector, LLC
> > http://ipprotector.com
> > 2604 Elmwood Avenue, #178
> > Rochester, NY 14618 - 2295
> > -------------------------------
> >
> >
> >
> >
> >
> >
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> >
> >
>
>
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