RE: Logo Infringement

["L. M. Lloyd" <ubik@austin.rr.com>]

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It is odd that VWoA is contacting you, not VW AG, but it is a
trademarked piece of art, so they have every right to ask you not to
use it unless you have the written permission of VW AG. It does not
matter if you are in the US or not, both the US and Germany honor
eachother's trademarks and copyrights. Over here in the US VWoA is
extremely protective of its trademark. I have known a couple of shops
here in Texas that have gotten in legal trouble with VWoA for
displaying the VW logo without VWoA permission. As to how enforceable
it is between the two countries, it comes down to whether or not they
feel strongly enough about it to have a legal team in Germany press
the issue.







The goal is to overcome the deliberate nature of the process.

> -----Original Message-----
> From: owner-scirocco-l@scirocco.org
> [mailto:owner-scirocco-l@scirocco.org]On Behalf Of Dirk Schneider
> Sent: Thursday, November 15, 2001 11:39 AM
> 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
> -------------------------------
>
>
>
>
>
>
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