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Re: Logo Infringement
Since the guy is stating american law and you are in Germany. How does that
apply? Or is this an international law?
Is your site hosted in the states? If it is then the law may apply.
Julie Macfarlane
(Web Developer)
Albany NY
'81 8v-FF (FronkenMom)
'81 16v-2Y (FronkenDad)
ICQ: 7704980
http://216.153.141.3/scirocco/
>From: Brett Van Sprewenburg <brett@netacc.net>
>To: "Dirk Schneider" <Dirk@scirocco2.de>
>CC: scirocco-l@scirocco.org
>Subject: Re: Logo Infringement
>Date: Thu, 15 Nov 2001 18:42:09 -0500
>
>
>I took the opportunity to try and run down the owner / operator of the
>domain the email appeared to come from as it's been registered in Rochester
>NY. I was not able to get any satisfaction, as the phone numbers went
>no-where. It's possible this is a weird hoax, and I might consider asking
>(perhaps in German :-) ) for proof of authenticity. Just a thought...
>
>==Brett
>
>
>>Thanks for all your mails !
>>
>>At the moment I think I wait and do just nothing.
>>
>>The risk in asking VW-Germany would be
>>that they will be attentive towards me then, and I'm pretty sure that they
>>won't give me a permission
>>but also want to prevent me from showing VW-logos as I'm in no
>>way legally related with VW ...
>>
>>I'm waiting for the first registered postal mail to arrive here,
>>then I might replace the VW-logo ( that I edited myself )
>>with something less "dangerous".
>>
>>I guess they can't sue me for showing pictures of my VW-cars on the web,
>>especially not my debadged GTX ?
>>
>>....and like Jason said, what will happen if I put a picture from a
>>Scirocco grille
>>with VW badge on the website ? Is it illegal to show parts of my car on
>>the web ??
>>
>>the more I think about it the less sense this all makes for me.
>>
>>anyway, I just wait what happens and keep you updated...
>>
>>friendly Greetings !
>>Dirk
>>
>>
>>
>>
>>
>>
>>----- Original Message -----
>>From: "Aaron Ness" <aaron@makuta.com>
>>To: "'Dirk Schneider'" <Dirk@Scirocco2.de>; "'Scirocco List'"
>><scirocco-L@scirocco.org>
>>Sent: Thursday, November 15, 2001 7:42 PM
>>Subject: RE: Logo Infringement
>>
>>
>>Good point about the language - respond (in long German sentences with
>>lots
>>of big important words) that you don't understand what they are saying
>>because they didn't bother to write in your language. Offer to hire a
>>translator at their expense or something smart-assed like that. Then if
>>they bother to write to you in German, you can begin to consider them
>>legitimately interested in doing something to you.
>>
>>Aaron
>>'87 528e
>>'82 Scirocco
>>'70 Beetle
>>'82 GPz550
>>
>>
>> > -----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®
>> > 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
>> > -------------------------------
>> >
>> >
>> >
>> >
>> >
>> >
>> > --
>> > Email LIST problems to: scirocco-l-probs@scirocco.org.
>> > To unsubscibe send "unsubscribe scirocco-l" in the message to
>> > majordomo@scirocco.org
>> >
>>
>>
>>
>>
>>
>>--
>>Email LIST problems to: scirocco-l-probs@scirocco.org.
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>
>\/ '84 Scirocco (ITB racer 2B) | "Hot VW's, take two home. They're small"
>\/\/ '88 Scirocco 16v (Show), '92 Passat 16v (Winter+) | - brett@netacc.net
>
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>
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