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RE:[T3] VW LICENSING PROGRAM (loooong)


> > You can talk about their cars, just don't try make money 
> from them and 
> > don't name you club or website using their trademarks, like- 
> > vwtype3.org :).
> >
> 
> Isn't this "fair use" to identifying the type of vehicle we 
> are interested in talking about.  I don't see the problem.


If you mean the domain name vwtype3.org, then no it would not be fair use,
because it looks like it is related to VW the company.  So you could be
misleading the public into believing that VW supports or sponsors the site
and the opions expressed there in. A domain is like naming you repair shop
"Volkswagen Repair Shop".  You imply a relationship with VW that does not
exist and your practices may reflect poorly on them.   I know that is not
the case but that is the way the law reads.  Although, Russ made the point
that classicvolvo.com withstood a law suite from Ford.


My real point was that I don't think most of us need to worry or freak out
about this licensing thing.  Just don't walk all over the rights of VW to
protect its name and image by using their name in the name of your
organization or buisness or try to make money off their name and image.  You
can use the name to describe your cars and your buisness e.g. we sell vw
parts, we fix vw's, we like vw type 3's.  People were making the 'free
advertising' argument, but there is a trademark term called 'Naked
Licensing' that states that if you let everyone use your trademark you
potentially dilute your argument against people that are actually infringing
on your trademark e.g. a company that prints your logo on t-shirts and makes
a butt-load of money off your product.


I think we just need to be more understanding of the laws etc.  We are all
just so used to being able to do whatever we want on the internet.  You
would never post a big VW sign over your 'brick and mortor' shop or buisness
and mislead the public into beleiving you are licensed by VW.  Also, most
people are used to being able to fly their flag as it were.  You know this
is my religion, this is my Country, this is the car company I love, I belong
to this or that group... 


My 1 cent anyway, check out www.mvvc.com they have a very good explaination
of their protest and the results and info on the trademark/licensing issue.

Jason Smith
71 Square FI AT
http://jasontsmith.tripod.com/vw.htm

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