

| Subject: | Re: HELP - The Volkswagen Lawyers are after me! - HELP |
| From: | David Marshall |
| Date: | Tue, 23 Feb 1999 18:40:36 -0800 |
From how it is written, I can see why Porsche is doing what they are doing. For people who are profiting from their trademark. The VOLKSWAGEN.ORG site is non-profit and pro-volkswagen. I can't see what the problem is. I have written a reply to the letter and cc'ed to VWAG and VWOA. I will hold the contents of that letter confidential until I hear back from the lawyers / Volkswagen. I have made a reasonable offer that would not make sence for Volkswagen to accept. At 11:33 21/02/1999 -0800, Ari Ollikainen wrote: > The same trademark protection action has been applied by Porsche. > The PorscheList (porschelist.com) is a potential casualty... > > Here's Porsche's press release...draw your on conclusions about > their determination to control their trademarks: > > >PORSCHE FILES LAWSUIT AGAINST 130 INTERNET DOMAIN NAMES FOR TRADEMARK >INFRINGEMENT > >ATLANTA, GEORGIA, JAN. 13, 1999 --- In an action taken to protect the >Porsche name and trademark, Porsche AG and Porsche Cars North America have >filed an unprecedented lawsuit against approximately 130 Internet domain >names that use the trademark Porsche or a variation of the trademark >Porsche. The in rem (i.e., against the thing) complaint was filed on Jan. >6, 1999, in the United States District Court for the Eastern District of >Virginia. > >"As the Internet has expanded, Porsche has become the victim of trademark >infringement," said Patricia R. Britton, General Counsel of Porsche Cars >North America. "Porsche is one of the most recognized and respected >trademarks in the world. As a result, trademark infringers want to >capitalize on the good will and reputation of Porsche in establishing their >presence on the Internet. These infringers range from operators of hardcore >pornographic web sites to speculators who attempt to profit from the >registration and trafficking of domain names that use the trademark >Porsche." > >In an in rem lawsuit, a plaintiff sues property or things rather than >persons or entities. Therefore, Porsche is not suing the individuals or >entities that registered the domain names, but the domain names themselves. >The suit was filed in Virginia because the domain names and their registry >certificates are located with Network Solutions, Inc., headquartered in >Herndon, Virginia. Upon filing the lawsuit, Network Solutions will deposit >the domain name registry certificates with the Clerk of the Court and the >Court will then have complete dominion and jurisdiction over the domain >names. The Court will then be requested to allow Porsche to give notice to >the registrants of the domain names who can then appear in Court and >explain why they should be allowed to continue to use the domain names. If >a domain name is not claimed by a registrant who has a legitimate reason >for registering and/or using the domain name, Porsche will request that the >Court delete or transfer the domain name to Porsche. > >Porsche is proceeding in an in rem lawsuit because it has discovered that >many of the registrants of the domain names infringing on the trademark >Porsche use fictitious names and addresses, and provide other false >information in registering the domain names to insulate themselves from >service of process. Some of the domain names are registered by United >States companies or individuals who create fictitious offshore corporations >that then register the domain names. The anonymity of the Internet allows >trademark infringers to establish such fronts so that service of process on >the registrants is impossible. > >"Trademark infringement on the Internet places a huge burden on famous >trademark holders in policing domain names and enforcing trademark rights," >Britton added. "Choosing to ignore such practices and infringements is not >an option to trademark owners because the trademark laws require them to >police their trademarks. Porsche has spent millions of dollars and many >years promoting the good will associated with its trademarks. In a very >real sense, the trademarks are the crown jewels of Porsche and must be >protected as such." > > >Contact: >Bob Carlson >General Manager, Public Relations >770-290-3676 > > > > > > > OLTECO Ari Ollikainen > P.O. BOX 3688 Networking Technology and Architecture > Stanford, CA Ari@OLTECO.com > 94309-3688 415.517.3519 > > -- David Marshall - Vanagon List Admin - Quesnel, BC, Canada -- -- 78 VW Rabbit, 80 VW Caddy, 87 Audi 5KSQ, 85 VW Cabriolet -- -- 88 2.0L VW Syncro Double Cab, WANTED: VW / Bombardier Iltis -- -- 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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