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Re: FW: [T3] just contacted by email...


The "VW" trademark was awarded by the USPTO to Volkswagen AG on 10/29/1957
the last renewal was on 8/20/97 for 10 years.

A trademark application # 76207608 for a drawing of a classic beetle viewed
from the front quarter driver's side was refused by the USPTO on 3/7/2002.

A trademark application # 76318904 for a drawing of a classic beetle viewed
from the front quarter passenger's side has not yet received final action,
but an initial refusal letter was sent by the USPTO to VWAG on 1/3/2002.

Volkswagen's trademark registration for the word "BUG" was suspended by the
USPTO on 7/21/2000 and as of 4/4/2002 the USPTO has suspended further action

on the application.

Volkswagen's trademark registration for the word "BEETLE" was suspended by
the USPTO on 4/29/99 but was re-registered on 1/15/2002.

Volkswagen's trademark of the word "FAHRVERGNUGEN" was cancelled by the
USPTO on 10/19/98.

Volkswagen's trademark of that stylized line drawing of a seated driver
holding the steering wheel with the five "speed marks" behind him was
canceled by the USPTO on 10/6/97.

Volkswagen's trademark of the stylized representation of a beetle consisting

of a large arc representing the body of an automobile connecting two smaller

arcs that represent tires is listed as abandoned as of 7/22/99.

The above information was extracted on 4/6/2002 from the Trademark
Electronic Search System (TESS) located on the USPTO web site.

Andrew van der Stock wrote:

> This is what I sent 'em in the feedback form:
>
> ---
> You guys are making the very people who like VW extraordinarily hostile
> towards the company and its products.
>
> It is NOT trademark infringement to have pictures of *my car* on *my*
> web site. It is NOT trademark infringement to write about Volkswagen or
> any other company name - see the law statutes and any business newspaper
> for proof positive of this. It is NOT trademark infringement to run
> events for other car owners. It IS trademark infringement to attempt to
> SELL like goods or services under the trademarks that you hold, for
> example if someone tried to sell knock off copies of your distinctive
> badge, or if another car manufacturer built a Golf or a New Beetle and
> tried to sell them.
>
> All that is required to protect your marks is for the enthusiasts to put
> "Volkswagen (tm)" or "Beetle (R)" on their pages. By law, people do not
> have to license *ANYTHING* from you and you know it. It's just an ambit
> claim to try and stifle free speech and enthusiast web sites.
>
> Trademark law, as you know being a lawyer, is a method of protecting you
> from competitors who are SELLING products that trade upon the good will
> of the VW brands and marks. Enthusiast sites, like mine, do nothing of
> the sort, and you are chilling free speech. Your actions are legally
> unenforceble and not in the spirit or the letter of the trademark law.
> We do not sign license agreements with the papers for our car - we own
> them. You cannot impose additional conditions after sale.
>
> I've owned five VW's and with the current quality woes of my New Turbo
> Beetle (the right rear bearing has rusted out and it's not even 7 months
> old and the ABS unit has to be replaced because it could set fire to the
> car), VW do not need to cause us any more grief!
>
> Be sensible, and stop pissing off the very people who make VW the third
> largest car manufacturer today.
>
> Check out the following supreme court decisions:
> http://www4.law.cornell.edu/cgi-bin/empower?DB=SupctSyllabi&TOPDOC=0&QUE
> RY00=trademark&PROP00=t=b
>
> None of them uphold your disgusting attempt at chilling free speech.
>
> -------------------------------------------------------------------

--
Richard (PapaG) Green

New Ulm, Texas



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