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Re: Volkswagen Enthusiast Program(VW 1)311


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Hello,

	I am not familiar with the domain name you describe in your
message:  VWTYPR3.ORG .  In fact, a whois lookup shows that VWTYPR3.ORG is
unregistered.  Perhaps you have made an error?

	However, if you find that I lease any domains whose name or whose
associated Web site's content is of concern to your client, please inform
me of that concern.  I prefer that this concern be communicated to me both
via e-mail and via paper (postal) mail at the postal address assocaited
with the domain's registration.

	Meanwhile, as an automotive enthusiast, I am interested in what
you describe in this excerpt from your message:

> Please confirm your intention to participate in this program. Once the
> program is in operation, we will provide you with the necessary rules,
> guidelines and information to make an informed decision on your
> participation.

	I'm sure y'all are lawyers, and I'm sure that this is some sort of
bullet-proof language that you're using.  However, it seems unusual to
intend to agree to something which is undefined, even though your are
leaving open the option to not participate.  As I am somewhat unclear
about what you're asking, I would appreciate additional information
describing your request.  Please respond via e-mail to the address from
which I'm writing.

	I thank you in advance for your assistance and eagerly await your
reply.  I will presume that a lack of any "bounce" to this message
indicates both your receipt of this message and your intent to respond to
my specific informational request.

	Also, if you ask, I would be happy to let you know the correct
spelling of a domain name that I lease which *may* be of concern to your
client.

	Aw, what the heck -- I'll just tell you up front, since I'm
actually quite a nice guy once you get to know me:  I believe you're
looking for 'VWTYPE3.ORG', not 'VWTYPR3.ORG'.  (Those pesky 'R' and 'E'
keys are right next to one another on the keyboard, eh?)

	Again, as I state above, if your client has concern over a domain
which I have actually leased, please inform me of this concern as I've
requested; I would be happy to hear.  (I even suspect that I'd be inclined
to intend to participate in the program, but I suppose that you've
actually got to get the domain name right in your request to begin with
and ask me all over again.  I really am in no position to intend anything
whatsoever with respect to a domain that doesn't exist, and all that.)

Regards,
-Greg Merritt


On Mon, 18 Mar 2002, ceaseanddesist@legal-warning wrote:

> RE:  First Letter/Volkswagen Enthusiast Program
> Mark: VW®
> Domain Name:  VWTYPR3.ORG
> File: 311
>
> Dear Mr. Merritt:
>
> 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
> their behalf.
>
> VWoA learned that you are using Volkswagen’s registered trademarks on
> your website  VWTYPR3.ORG and/or in your domain name. However,
> Volkswagen’s registered trademarks belong to Volkswagen and may not be
> used without the express permission of the owners.
>
> Volkswagen is currently developing an Internet Enthusiast Program which
> may interest you. Through this program, you will be granted limited
> permission to use certain Volkswagen trademarks if you agree to and
> comply with the terms and conditions of the program. This program will be
> operating shortly. Only those participating enthusiasts will be allowed
> to continue using the identified Volkswagen marks.
>
> Please confirm your intention to participate in this program. Once the
> program is in operation, we will provide you with the necessary rules,
> guidelines and information to make an informed decision on your
> participation.
>
> Sincerely,
> Stephen J. Arpaia, Esq.
>
> -------------------------------
> IP Protector, LLC
> http://ipprotector.com
> 2604 Elmwood Avenue, #178
> Rochester, NY 14618 - 2295
> -------------------------------
>
>
>


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