Re: Logo Infringement

["Sal" <pellom@YorkU.CA>]

Guys,

You must be fucking serious!!!!!!

I'm not a lawyer but soon to be (second year law student).  What I would do
in yer case Dirk is e-mail them back and ask them for permission to use the
VW logo on yer web page.  AFAIK, you can use the logo on consent.  If
perchance you make money by using the logo then you need to pay royalties.
If not, then you're in the clear.

However, you should at least respond cuz lawyers have a tendency to be anal.
Also, since the web page can be accessed in the States, VWoA could in fact
enforce the use of the trademark.  My issue would be, who infact owns the VW
trademark?  VWoA or VWoG?  Nonetheless, the growth of the interenet has
opened up a new area of law and it's still a watery subject.

HTH and GL!

Sal


----- Original Message -----
From: <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 12:38 PM
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.
To unsubscibe send "unsubscribe scirocco-l" in the message to majordomo@scirocco.org