Re: Logo Infringement

[Brett Van Sprewenburg <brett@netacc.net>]

I took the opportunity to try and run down the owner / operator of the
domain the email appeared to come from as it's been registered in Rochester
NY.  I was not able to get any satisfaction, as the phone numbers went
no-where.  It's possible this is a weird hoax, and I might consider asking
(perhaps in German :-) )  for proof of authenticity.  Just a thought...

==Brett


>Thanks for all your mails  !
>
>At the moment I think I wait and do just nothing.
>
>The risk in asking VW-Germany would be
> that they will be attentive towards me then, and I'm pretty sure 
>that they won't give me a permission
>but also want to prevent me from showing VW-logos as I'm in no
>way legally related with VW ...
>
>I'm waiting for the first registered postal mail to arrive here,
>then I might replace the VW-logo ( that I edited myself )
>with something less "dangerous".
>
>I guess they can't sue me for showing pictures of my VW-cars on the web,
>especially not my debadged GTX ?
>
>....and like Jason said, what will happen  if I put a picture from a 
>Scirocco grille
>with VW badge on the website ? Is it illegal to show parts of my car 
>on the web ??
>
>the more I think about it the less sense this all makes for me.
>
>anyway, I just wait what happens and keep you updated...
>
>friendly Greetings !
>Dirk
>
>
>
>
>
>
>----- Original Message -----
>From: "Aaron Ness" <aaron@makuta.com>
>To: "'Dirk Schneider'" <Dirk@Scirocco2.de>; "'Scirocco List'" 
><scirocco-L@scirocco.org>
>Sent: Thursday, November 15, 2001 7:42 PM
>Subject: RE: Logo Infringement
>
>
>Good point about the language - respond (in long German sentences with lots
>of big important words) that you don't understand what they are saying
>because they didn't bother to write in your language.  Offer to hire a
>translator at their expense or something smart-assed like that.  Then if
>they bother to write to you in German, you can begin to consider them
>legitimately interested in doing something to you.
>
>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 Dirk Schneider
> > Sent: Thursday, November 15, 2001 12:39 PM
> > 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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> > majordomo@scirocco.org
> >
>
>
>
>
>
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 \/  '84 Scirocco (ITB racer 2B) | "Hot VW's, take two home. They're small"
\/\/ '88 Scirocco 16v (Show), '92 Passat 16v (Winter+) | - brett@netacc.net

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