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Okay, we can calm down a bit, and VW are in for a nasty surprise! I
spoke to an IP lawyer friend of mine who is well known in the field. The
following does not constitute actual legal advice, just a retelling of
the advice I got. If you need legal advice, seek it from a qualified
intellectual property lawyer.
Firstly, make sure your ISP knows that VWoA might try to illegally
shutdown your web site, and if they try, you will be consulting a lawyer
about your options if the ISP does this. Don't threaten a lawsuit - this
is called vexatious litigation, and we want VW to be the only vexatious
litigant here. This is in case VWoA tries to shut your account down. In
the meantime ensure that you have a recent backup of your entire
website, which you can use to get back online quickly if VWoA somehow
illegally succeed in shutting you down. If they do succeed, ring the
ISPs legal department and explain your side of the story and demand your
site back until you and VW settle. Once they hear what VW are up to,
they will more than likely agree to do so, as you *will* win costs and
damages if VW does try to take it to court (which they wont as they
can't win there).
Most important message of this e-mail: if you haven't signed the license
agreement, don't. Once you do, you lose legal ground as there will be an
enforceable contract between you and VW rather than trademark law, and
VW have definite problems under trademark law but not under their
disgusting contract.
Trademarks protect VW from companies that sell goods and services in the
same category as the registered trademark ("(R)"). Unregistered
trademarks ("(TM)") are not enforceable, but I wouldn't bet my house on
it - seek legal advice if you're still worried.
If you do *NOT* *SELL* anything as a going business (*), you do not have
to take any remedial action at all beyond telling VW to get stuffed
(nicely of course). If you like, write back to VW and ask them to
provide the legal grounds (including the registered trademark
application numbers) for their claims compared with your web site, and
remind them about vexatious litigation. Keep a copy of all
correspondence with VW, and send via registered mail.
If you are not a resident of or resident in the US (for example, you're
like me and live in Australia), you can practically ignore the e-mail
from VWoA as US registered trademarks do not apply outside the US. Tell
them that (nicely).
If you are in Canada, and *if* and *only if* registered USPTO trademarks
apply under Canadian trademark laws (I don't think so, but *you* need to
check), then you might need to pay attention.
The only people who may need to do anything at all are US-based
ENTHUSIASTS and who SELL goods or services in the categories of the
registered trademarked names ("(R)" and not just "(TM)"), such that your
name might confuse the purchaser of the goods about the source of the
goods or services (ie is it you, or are you VW?). Do a trademark search
to ensure that VW have indeed registered the trademark they claim you
are using, and in the category that you provide your goods or services.
Seek legal advice immediately if you can't change your name or service
to a non-infringing name or logo. If you think you might still infringe,
see an IP lawyer first - it's pretty likely that you don't have to sign
this particular contract as it probably doesn't apply to you. And even
if you do fall foul, you can probably do something else, or at least get
much better contract terms than are being offered.
Whatever you do, my lawyer's advice is to PUSH BACK HARD. DO NOT sign
this "license" contract unless you are advised by your IP (intellectual
property) lawyer to do so.
SPREAD THIS ADVICE AROUND FAR AND WIDE.
Thanks,
Andrew
(*) Selling your car on ebay &c when you use proper nouns is absolutely
legal as there's no other way of describing your asset for sale.
Providing VW servicing as a mechanic, or selling VW badges as a business
concern is covered by trademark law and you need advice.
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