Sorry.....

On January 11, 1999 I received a letter from the law offices of Nixon, Hargrove, Devans & Doyle, LLP. In that letter, I was threatened with legal action if any and all references to "Volkswagen", "VW", "Beetle", "Bug", the "VW Logo", the color blue synonymous with "Volkswagen" and basically anything to do with those trademarks outlined above were not removed immediately.

This is the result. Rather than ravage my website and destroy any and all references to the aforementioned organization, I simply took my site down. This is indeed a very sad day for all VW enthusiasts. I once had Bob Hoover's Sermons linked from my site. Alas, Bob removed his articles for similar reasons. It seems that the company that started and thrived on the enthusiasm of its customers is now intent on destroying that very same enthusiasm. This is a bitter betrayal. I can no longer sponsor a website for a corporation who enlists lawyers to harass those who so obviously are loyal and dedicated customers of the corporation that at one time built their beloved cars. I still however am unwavering in my enthusiasm and dedication to this european marque. I, however am very disappointed in this action by this corporations' management.

Hopefully at some point this corporation will see the error of its ways and look beyond its own ignorant, protectionist policies. That day may be too late. The people that afforded this company such great success in the United States may be long gone or worse, bitterly alienated. A forsaken customer never forgets, nor will I. To other webmasters, I wish you all the best of luck with your sites and your projects. Indeed it seems that the internet has turned from a global meetingplace into a global marketplace, where only the use of trademarks for the purposes of selling units is acceptable. If any of you wishes to see a copy of my four page threat, I would be happy to provide you with one.

If I may rant on the lovely woman that wrote the letter to me and whom is a representative of the aforementioned corporation: Thank You. Thank you for proving that lawyers are indeed the lowest life forms on earth. I haven't the words to describe my anger and disappointment. Kristen E. Mollnow, I do not hold you personally responsible for this action, but I see you as a representative of the aforementioned car manufacturer. Therefore, you personally will recieve any and all e-mail messages from anyone who wishes to complain about this action. I hope that you will make every effort to see that the people that pay your legal bills also recieve this hate mail.

2/24/99 -- After receiving much support and e-mail from the internet community on JUST THE FIRST 24-HOURS, I have decided to begin working on a reconstructed version of the previous site. Be on the lookout for ABSOLUT AIR-COOLED!! I hope to have it back up within the next few months.

Please e-mail Kristen E. Mollnow to complain.



Shift-Click here for a copy of the legal threats in
Word 6.0/95 format.




       

Kristen E. Mollnow's Bio as read at nhdd.com:

KRISTEN E. MOLLNOW. Position: Associate. admitted to bar, 1997, Massachusetts; 1998, New York. Education: Albany Law School (J.D., summa cum laude, 1997). Email: kmollnow@nhdd.com

Now for excerpts of James Lindsay's comments:

As you can see, she hasn't practiced law for long. She probably doesn't want to make any mistakes, but she probably wants to prove to her bosses that she's got what it takes.

What VWoA is worried about is that if they *don't* make these sorts of challenges, a person could technically go ahead and create a webpage called http://www.volkswagen.com (I know it already exists, but let's just pretend that it doesn't for a moment). If VWoA complains to the courts, the person merely has to point out that VWoA isn't doing anything regarding all the "illegal" use of the name "Volkswagen" on all those *other* websites out there. It becomes a matter of discrimination, and the only way to get around it is to hassle *all* such sites that threaten VWoA.

Actually, I wonder if it would be cheaper for all companies to get together to alter the copyright law in order to somehow allow sites like "Absolut VW" to exist without a threat to their trademarks. Sure beats paying a zillion lawyers to track down every infringement.


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