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RE: Logo Infringement



This is an interesting thread...While I think it sucks that VWoA's lawyers
have been hounding enthusiasts for the last few years, I think there are
some points that we tend to overlook - kind of like the bad apple spoiling
the whole bunch.

-If I set up a website and use the VW logo, VW has no direct control over
what I do with it or how I use it.  This is important to have because they
pour millions of dollars into advertising every year.  Their marketing
poeple and the advertising agencies they use have decided exactly how they
want to present the VW brand to the public, and they want to be sure this
message isn't diluted by anyone else, whether it's an angry owner (or former
owner) who couldn't figure out how to make his 30-year-old neglected Beetle
reliable (only took me about two years to figure out mine!), or even an
enthusiast like Dirk or the rest of us.  Unfortunately, in their efforts to
keep from diluting the advertising campaigns, etc., they end up pissing some
people off.

-VW is one of the largest car companies in the world (I think they're #2 or
3 right now).  As much as we would like to think they got that way by
standing behind people like us driving their cars forever, that's not the
case.  They got there by building good, affordable cars that the owners then
began to enjoy immensely, and by effectively marketing them to the general
public.  How mainstream are most of us on this list - I won't buy a new car,
like driving old cars, and even like working on them when they break down.
I don't buy a car because the manufacturer or an ad told me it was cool; I
buy it because I decided that I like the way it looks and drives, and
because it's laid out in a logical way so I can work on it (unlike Hondas -
just finished a headgasket on an Accord - ridiculous!).  My point is this:
most of us don't represent the general public, and it's not in VW's best
business interest to care about what we think.

As long as they have a problem only with the logo appearing on websites, and
don't try to make enthusiasts change the content, I think it's justified -
they're just trying to keep full control of their advertising media.

But it still sucks.

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 Marc Peterson
> Sent: Thursday, November 15, 2001 3:33 PM
> To: scirocco-l@scirocco.org
> Subject: Re: Logo Infringement
>
>
> And not only do we not buy new VW's, we don't go to the
> dealer's and buy
> parts for our cars there.  Of course, when is the last time
> you went to a
> dealer for a part, and they had it in stock for a reasonable price
>
> If the dealer's or VWOA had more people like us working for
> them, maybe we'd
> all get along.  Then again, we'd all want new window seals
> available for
> MKI's and a real sports coupe/sports car in production, so that would
> probably put them right out of business.
>
> Marc
>
> ----- Original Message -----
> From: "MrAudi" <mraudi25@epix.net>
> To: "Dirk Schneider" <Dirk@Scirocco2.de>; "scirocco-mail list"
> <Scirocco-L@scirocco.org>
> Sent: Thursday, November 15, 2001 6:00 PM
> Subject: Re: Logo Infringement
>
>
> i plan to write them a letter. it is riduculous. first off,
> even if you were
> selling parts for sciroccos on your site, who cares!! its not
> like you can
> walk into a vw dealership and buy parts for it. vw should be
> flattered that
> people like sciroccos enough to even spend the time building
> a website about
> them. ahhhh but there is another side to this coin that even i wasn't
> thinking about. our passion for these less than new cars puts
> nothing in
> vw's pocket book. they don't want us to like these cars, they
> want us to go
> out and buy brand new volkswagens. my .02
>
> Jason Neubold
> 86 Tornado Red 16v
> 85 Tornado Red Audi Coupe GT
> ----- Original Message -----
> From: "Dirk Schneider" <SCIROCCO2@t-online.de>
> To: "Scirocco List" <scirocco-L@scirocco.org>
> Cc: "Takacs Attila" <attila@scirocco.hu>; "Macsek"
> <macsek@scirocco.hu>;
> "Sam" <Sam@samworld.de>
> Sent: Thursday, November 15, 2001 9:38 AM
> 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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> >
> >
>
>
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>
>
>
>
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