volkswagens.de - trademark question

**rowinna** · 06-22-2004, 06:25 PM

I recentlt registered the domain volswagens.de. I want to start a forum site for volkswagen enthusiats. I know "volkswagen" is a registered trademark but all my research seems to give me a nebulous idea of what would constitute actual trademark infringement. should I contact the company? I have noticed that other "volkswagens" sites are registered outside the company or have sites attached to them so I don't know if there is an immediate problem. What are your views. Thanks

**namedropper** · 06-22-2004, 06:51 PM

I'd think that there'd be no safe way to use the name. The fact that other people register names containing trademarks they don't own doesn't mean that doing so is a good thing, it likely just means they haven't been caught yet or haven't yet gotten VW upset at them enough to drop the axe on their necks.

Simple rules of thumb: if it's a trademark and you plan on using it related to that trademark you are almost certainly in violation. If there were some "volkswagen" candy bars out there that you owned the trademark on, or if it were a generic term for something else, by all means use it for that. Otherwise, no, not worth the risk.

**draqon** · 06-22-2004, 09:38 PM

See, the problem here is that the Volkswagen company is very litigious. Most corporations are lawsuit-happy, but VW is particularly so. They might sue you even if their case is horribly weak, and a trademark lawsuit could cost you tens of thousands of dollars. Therefore, it might not be worth the risk.

However, that said, if you do the following things, you would probably be able to win a UDRP, your case would be very very strong:

a) make sure that you don't claim or lead visitors into thinking your site is endorsed by or representing the actual Volkswagen company. Furthermore, a prominent disclaimer stating your site is not official, would be a good idea.

b) make sure you don't sell any Volkswagen products, or make any money in any form from the site. Have no advertisements, etc.

If you do these things, I tend to doubt that VW would bother you. After all, your site would be a fan site that helps their brand by increasing its recognition. So...in closing, if you want to be perfectly safe, forget your fan site or change the domain. If you want to be reasonably safe, just follow my steps above.

**funkker** · 07-11-2004, 06:04 AM

well it sound tto me strange ... so ten i can use all trademarked site as a fan sites ?

**jberryhill** · 07-11-2004, 03:47 PM

"so ten i can use all trademarked site as a fan sites ?"

You can also legally kill people in self defense. Eventually, if you show up in court enough times claiming that as a defense, you will look more like a serial killer than someone who is habitually attacked by others.

**DomainTurn.com** · 07-12-2004, 01:53 AM

PorscheDrive.com

There is a couple streets with this name in the usa.
That didn't stop the law suit paperwork. I recall it had said please release the domain name or let it expire or you can be fined and have to pay court costs. I said thanks
for letting me know "drop" Yours is plural more than one. You are going to use there trademard to benifit yourself. They spent a lot of money in this industry. I can't belive you captured that german name they must have been sleeping or waiting...