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Re: Fw: Logo Infringement
I would have to agree. These companies usually make a commission type
arangement where they make money if they can get someone to pay. That
means they don't like to let up.
I would take the logo off for now, add a disclaimer at the bottom of the
page to the effect that VW is a reg. trade mark, etc.
Then I would side step the process and send a note off to VW of germnay
explain that you are a VW "fan" and you run a site that does not sell
any goods, and would like to use the VW logo to promot people to buy
VW's,if you get any kind of OK, stick the logo back on.
Just my .5 cents worth...
--
Cory Langford
'86 2L Oettinger Turbo Project
'82 beater driver
Take it seriously whether it is in english or not. Any VW logo used
could
cost you money, my question to the would be what is acceptable?
And since I am in Germany what does VW in Germany find acceptable?
I'd remove the logo and then ask them to view the page again to make
sure it
meets their standard. You have been marked by the infringement police
adn
they will hound you forever trying to make a buck.
Brian
87 16v
86 8v (parts car)
85 Wolfsburg (white coming to a garage near me soon)
>From: SCIROCCO2@t-online.de (Dirk Schneider)
>Reply-To: "Dirk Schneider" <Dirk@Scirocco2.de>
>To: "Scirocco List" <scirocco-L@scirocco.org>
>CC: "Takacs Attila" <attila@scirocco.hu>, "Macsek" <macsek@scirocco.hu>,
>"Sam" <Sam@samworld.de>
>Subject: Fw: Logo Infringement
>Date: Thu, 15 Nov 2001 18:38:43 +0100
>
>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®
>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® 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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