Porsche wants to sue me! Help!
 

I need some legal advise. I purchased REOPORSCHE.COM to host a web site to tell the history of the legendary Porsche 928, the first “real” Porsche model made. But Porsche is warning me not to use the web site name or they will sue me for $100,000. I am aware of anti-squatting laws on web names and the use of trade marks, but I believe that my web site name is something personal and meaningful to me. I ask of the Rennlist community, if you have any legal information on how to pursue this manner or whether I should just not challenge Porsche, please advise.

I cann't give you any legal advice, but if you like the 928 I'd recommend to see us at Tilden Park next Saturday. You'll find lots of 928s, lots of info, and lots of nice people...

<a href="http://www.billsworkshop.com/P928S4/park/sharks_in_the_park_II.htm" target="_blank">Sharks in the Park II</a>

Offer Porsche an exchange- the domain name for a car.

Robert:

What were the contents of Porsche's letter? Are they claiming trademark infringement or a violation of the anti-cybersquatters act? Don't offer to sell the name unless you offer it for your cost in registering the domain name.

If Porsche is claiming infringement, you should display, VERY VISIBILY, that you are in no way affiliated with the Porsche company and that your use of the term should not be considered as evidence of any relationship with the company or an endorsement by the company. This is because one of the main standards of a trademark infringement case is whether the general public would likely be confused into thinking that two trademarks (REOPORSCHE and PORSCHE) originate from the same source. Obviously here they do not, so you must make sure that it is VERY CLEAR. :eek:

If Porsche is claiming that you are "diluting" their trademark, they are suggesting that your use of the REOPORSCHE term is somehow diminishing the value of their trademark by either (a) blurring the public's perception of the esteemed PORSCHE mark or (b) reducing the value of the mark by tarnishing the mark (i.e. by connecting it with inferior products). <img src="graemlins/yltype.gif" border="0" alt="[typing]" />

Cyber-squatting is a separate issue. If you offer to sell the domain name for anything more than what you paid for it, you're looking like a squatter. Avoid this. <img src="graemlins/nono.gif" border="0" alt="[nono]" />

In the end, regardless of whether you are in complete compliance with the law, Porsche may still likely pressure you with the threat of litigation (and very costly attorneys fees--yours AND theirs) just to get you to back down. That being said, the choice is up to you whether you want to stand firm. It's unfortunate that big companies can do this, but they do. They don't have to be right, they just have to be able to scare you without crossing over the legal line themselves. <img src="graemlins/soapbox.gif" border="0" alt="[soapbox]" />

I would be very interested for you to post a copy of their letter. I suspect it's a form letter than has your information stuck in it.

Just my $.02. You should speak with a lawyer near you very soon to discuss how you want to proceed. (You can probably tell what I do for a living)

You need to change the name of the site. Porsche is not tolerant of their trademark name. They will prosecute!
I know of a company I had dealings with in the past that got their website and company name shutdown. Post the original letter here and maybe one of us can help you out...we need more info.<a href="http://clik.to/PORSCHE928DRIVER" target="_blank">Personal 928 Website</a>
http://www.fortunecity.com/silversto...e-05asmall.JPG

I agree with others that you have no recourse.

This site originally had the word 'Porsche' in the domain name. Legal challenges by Porsche resulted in the current domain name 'Rennlist'.

Porsche has a zero tolerance policy on these issues, and a stable of legal horsepower to back it up.

i think you should change it to "928 - the real pork chop." then again, the new white meat people may come after you.

or to really f#$% with them, you should call your site "stuttgart's maintenance nightmare and marketing and concept disaster."

or to really be truthful, you could call your site "why buy a new lexus when you can spend the same money on a 20 year old car."

now i hope we all had a good chuckle here.

How about REOPO&SC#E. Sort of like psudo-swearing. Is it really the Porsche name if it has # and &'s in it?

Well thats all thanks to some goons passing the DMCA Digital millenium copyright act! So if you dont do what they tell you there is NO way you can win. They will put you in jail or take all your money... I hate the DMCA and the RIAA. You might as well just give up, or wright a letter to them asking for further explanation. Or you could get a server in Norway and they cant do anything about it.

Another obvious example of how most people are manipulated into believing that other persons, organizations, or corporations can actually "own" words. Why not just own a letter of the alphabet, then nobody can use any of the words that contain the letter? Better yet, just own the alphabet.
Double Plus Good!

Here's the equation for figuring the history and future of the "trademark" concept as it applies to evolution:

Influence + Money x Force - Public Resistance = Trademark Direction / Time.

--For you to succeed in being able to use the word “REOPORSCHE” as the name for your chosen web site, you will have to use the equation above and reverse the flow of trademark evolution backwards until the concept of "trademark" is changed enough in the minds of the public to suit your needs. This must be far enough back to the point when a trademark only represented the thing it was painted, scratched, etched, or stamped into and not the actual words or word associated with the thing, which is what it has become. Once you accomplish a fleeting moment in the reversal of flow, then generations after generations will have to continue using the equation while also maintaining your original anti-trademark direction. Over a long period of time, maybe several hundred years if your lucky, your great great great great great great great grandson might possibly be able to post an expression of his mind on a web site under the name REOPORSCHE without a threat from another entity who believes the very shape and combination of what we recognize as a word is theirs and represents only their own creativity.

--Another way for you to use the word “REOPORSCHE” would be to use a different combination of letters for your web site name and then teach us all how to see it differently so we know that it says "REOPORSCHE". Maybe your great-grandsons can change the whole language until the word "REOPORSCHE" isn't even recognized as a word anymore, then they can own it in their own language. When that which is now recognized as "PORSCHE" tries to maintain their name in the age of your great-grandsons, then your great-grandsons can sue them for trademark infringement and you will be avenged.

Actually, here is the path you must follow and the legal advice you seek. You should post your web site under the name you want and tell Porsche to stick it up their $SS. The only mark they created is the one on the front of our cars; NOT the ones in our dictionaries. Then tell it to our government if Porsche tries to sue you.


<img src="graemlins/r.gif" border="0" alt="[king]" />

Rename it reoPORCH.com and call it a day.
And remember to chop off your legislators legs come election time ...
I have yet to see good come from those idiots modifing the law - personal gain, maybe-.
Punish those that hurt you with your vote, stay aware and don't be shy about bad-mouthing them.
I just wish there were some, truly, spiteful ways of shutting down the talking news heads before they march us off to destroy yet another country in our quest for democracy, freedom, peace, and world harmony.
There are probably a few legitimate reasons for that legal attitude of theirs , so don't lose any sleep over it -nothing personal just business -.
If you want to pester them ask for permission on their web site or through the mail, regularly. They will have a legal rep. respond - it's Pavlonian - and costs them personnel time and maybe even a stamp.
Don't fight them the battle is already lost. <img src="graemlins/soapbox.gif" border="0" alt="[soapbox]" />

Snowy & John S.-
Sorry, but "pork", "chop" & "sooey!" (as well as various derivatives) are trademarks of the U. of Ark***as cheerleaders & mascots organization, and/or the Clintons co-Pres. Lie-bary. Please cease & desist.

JKelly-
Sure you haven't read "The Cat Who Walks Through Walls" maybe one time too many? I'd ask to use your formula, but that's getting into IP first use, and way too touchy for me.

Robert O.- what does REOPorsche signify anyway? (the "Porsche" bit I understand)

"Oh Lord won't you buy me a Chrysler Le-Benz
My friends all drive Horch(e)s, I must..."
Where do I send the $.04 for use of the lyrics?

Donald

YOu could also probly get in trouble for bad mouthing a company on your website to. If they have already threated you like the cas of <a href="http://www.F**kFord.com" target="_blank">www.F**kFord.com</a> that was a pointer to thier site, they got sued. Like if you post something bad about scientology on the internet, you will get sued. So better to just conform and go with it.

Wow, thanks you to all Rennlist community for sharing your thoughts about this personal manner. I know that I have already lost the battle, but I still respect and honor Porsche. They are truly a great company that created what we marvel and love in our garages. The name REOPORSCHE is but a jester, an insignificant acronym of my initials (‘E’ is for my middle name, ‘Enrique&#8217 ;) and is something I place in front of everything important in my life. But Porsche does not know who I am, a young man who seized the opportunity to purchase a technological wonder on four wheels at a great price and in overwhelming zealous, feels the need to express it on a web site. No, Porsche does not see me as that, and I have come to the slow realization that I am seen as someone who shows up at the local Porsche dealerships asking too many questions and never buying a car. Yes, Porsche is very business-like, I guess it is an attribute of their success. But I joined this community, Rennlist, because it is a place I know that cares who I am and what I think and listens to the voices of hundreds of other individuals that have an opinion, a significant say, that can share their love for an Object, a car, a dream. Thank you Rennlist and the Rennlist community for giving me a little humanity with my Porsche.

-REO, proud owner of a 1988 S4

If Porsche is so concerned about trademark why don't they jump on those knock-off key chains and money clips on e-bay? That to me that is more of a dilution in that they are of minimal quality. It's hard to tell what the commercial aspect of your endeavor might be, (you could get loads of hits??) but the cheap accessories are obviously commerce on the P-name. <img src="graemlins/soapbox.gif" border="0" alt="[soapbox]" />