Re: Logo Infringement

["Dave Ewing" <rabbit16v@prodigy.net>]

Isn't the actual blue and white VW logo that is in question?  Dirks are
silver/chrome looking and have no TM anywhere around them.  It may be that
some of the sights that you have links to are profit oriented?  I don't
know, doesn't make sense to me!!

Dave

<snip>
So what if i took a macro shot of the vw logo on my car and put it on a web
site. is that logo infringement? Am i gonna get pulled over by 'vw police'
just for driving my rieger around town (there IS a vw symbol on front, and
the rieger is definitely advertising). Where exactly is the line drawn here?
Al

Allyn Malventano, ETC(SS), USN
87 Rieger GTO Scirocco 16v (daily driver, 170k, rocco #6) running - for now
87 Jetta 8v Wolfsburg 2dr (daily driver, 260k, 0 rattles, original clutch,
driveshafts, wheels :)

----- Original Message -----
From: "L. M. Lloyd" <ubik@austin.rr.com>
To: "Dirk Schneider" <Dirk@Scirocco2.de>; "Scirocco List"
<scirocco-L@scirocco.org>
Sent: Thursday, November 15, 2001 12:58 PM
Subject: RE: Logo Infringement


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Oh BTW, I am not a copyright lawyer or anything, but as an artist who
makes his living out of commercial art and ID, I have had a fair
amount of experience with these sorts of things, and while a
copyright infringement is usually not that big a deal, companies are
usually pretty touchy about their trademarks, and will usually go to
great lengths to protect them. I would probably suggest that you
remove the VW symbol from your site before you do anything else,
because chances are that you are eventually going to have to anyway.







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
> -------------------------------
>
>
>
>
>
>
> --
> Email LIST problems to: scirocco-l-probs@scirocco.org.
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