

| Subject: | Re: HELP - The Volkswagen Lawyers are after me! - HELP |
| From: | Per Lindgren |
| Date: | Sat, 27 Feb 1999 14:23:01 +0100 |
It seems that the VW lawyers have a bigger battle ahead than David's domain name. Check out this article from Reuters: > > > Rolls-Royce, Volkswagen file suit over trademarks > > > WILMINGTON, Del., Feb 25 (Reuters) - Rolls-Royce Plc of Britain and two units of Germany's > Volkswagen AG have sued three companies of a Canadian businessman for alleged infringement of > trademarks for the luxury autos Rolls-Royce and Bentley. > > In papers filed Tuesday in the U.S. District Court in Delaware, the plaintiffs asked the court to block > Rolls-Royce of America Inc., Rolls-Royce Motors Ltd., and Bentley Motor Cars Ltd. from using the Rolls > name, its intertwined RR trademark, the designs for the Flying Lady hood ornament and the radiator grille, > and the "spirit of ecstasy" slogan. > > Ian Fitzwilliam of Canada contends that because Rolls Plc allegedly failed to protect its trademarks in > the past, the trademarks no longer meet the "distinctive" standard required for registration. > > Rolls-Royce and Volkswagen claim the name has belonged to Rolls Plc and its predecessors since > 1907 and they allege the Canadian businessman's companies are engaging in "deceptive trade practices." > > After a 1971 bankruptcy, Rolls Plc continued operating as a manufacturer and service provider for > aircraft engines, and the auto business was transferred to Vickers Plc . > > Last year Volkswagen bought the auto factory in Crewe, England, from Vickers. It also acquired the > right to use the Bentley name and to operate as Rolls-Royce Motor Cars Ltd. and Bentley Motors Ltd., the > two VW plaintiffs in the lawsuit. > > At the same time, BMW AG acquired a license, effective 2003, to use the Rolls-Royce name. > > But Fitzwilliam, chief executive of the defendant companies, told Reuters in an interview from his > Toronto office that pending in Canada are his legal challenges to Rolls-Royce Plc's claims of trademark > ownership. Defendants in those suits are Rolls Plc, Volkswagen, BMW and their chairmen. > > Fitzwilliam does business as Roll-Royce Ltd., the parent of several non-profit, non-trading entities -- > including the defendants, which are incorporated in Delaware. > > Fitzwilliam charged to Reuters that the plaintiffs intended to expropriate his plans for Rolls-related > projects despite having "entered into a comprehensive confidentiality agreement" with him in March > 1998. > > Fitzwilliams' plans called for an Internet registry of the 75,000 extant Rolls and Bentleys; a Rolls > buyers guide; auto sales; chauffeur-driven rentals; a worldwide network of 1,000 dealers; and the > manufacture of limited editions of Rolls classics like the Phantom VI, to sell for upwards of $500,000 > each. > > "It is my belief that the information we shared with the plaintiffs has tremendous value to them and > other players in the automotive industry," Fitzwilliam said. > > Fitzwilliam said he once owned 22 Rolls Phantom V and Phantom VI models, making him the world's > largest collector of the Rolls flagship line at the time. > > Of the legal battle he faces, Fitzwilliam said, "I believe they are of the opinion they are able to exhaust > our financial resources. But I say that I will not be satisfied until justice rolls down like waters." > > Robert Baugniet, vice president of Rolls Plc's Rolls-Royce North America subsidiary, would not > comment on the suit except to say that Rolls Plc owns "the name and the mark, and we've licensed it to > BMW, who will commence using it in 2003." > > 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. > PerL
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