mdeleeuw

It may be that they (PCNA) have no choice in this matter due to legal issues.

They may not have a problem with the brochures in your case, but if they overlook it, then the next time a truly malicious party tries to infringe copyrights and trademarks Porsche could be compromised.

I sincerely hope they do not see this kind of thing as a threat, but rather that they need to defend all infringement in order to protect their general rights.

Just a thought..

Tcc1999

Something like this advice is really your best bet. Protecting the brand is all that is going on and they (Porsche) cast a wide net to do this. Sometimes (often?) small users with good intentions, like yourself, are intimidated and comply with the "Cease and Desist" - even if it has over-reached. You probably won't find any joy over continued use of your logo but the brochures may be a different story. Were they originally placed in the public domain? Have you altered them? What state or Federal rules/restrictions apply to posting this type of content. You trying to figure this out is like me trying to administer anesthesia. (And writing letters to corporate lawyers may make you feel better but often does about as much good as someone whining, "That's not fair!" If you care enough, try to follow the course haterade (or something similar) suggests.

rome

Dave-- This is terrible news and a total joke... I agree with the other poster that the content of your site may fall within the protections of the "fair use" doctrine. Your site is such a great historical resource, I'd be in favor of raising a defense pool through donations...

RonCT

No time to read all the replies, so forgive me if this has been said already. I would do two things. One is remove the modification of the trademarked logo. That is their property. But I would write them a letter expressing that you did not realize they would find it a problem and that you immediately removed it. BUT, I would also in that letter express your views on the vintage brochures. You paid or received them legally and have not taken credit for them and in fact you are recognizing that they are Porsche brochures and that the brochures are protected. You aren't distributing them for profit and so therefore there should be no claim for damages and / or lost revenue.

Maybe they will accept your position and let you leave the brochure collection up. It's worth a letter and who knows, it might take them a long time to get back to you if ever.

Good luck!
Ron

mdrums

Dave, Porsche is amazing aren't they? Seems like each month Porsche or it's dealers and service departments push me further and furth away from the brand. I can't believe that they would have aleg to stand on since you do not make any money from your website. You are just a Porsche enthusiast and this is the way Porsche treats the people that love the brand and share out dated advertisment of the brand. Geesh!

I guess I should be receiving a letter from Porsche about my use of it's crest logo on my prosthetic leg. I am going to save Porsche the money from the lawyer letter and remove the Porsche crest logo from my leg and replace it with something else. Geesh! Porsche what is wrong with you?

rome

I disagree. Dave's logo is satirical and therefore probably within the fair use doctrine.

RF5BPilot

I have no opinion about the logo. But the precedent remains, if they don't actively pursue protection, ownership and control of their logos, designs and materials--then they legally lose control.

Age of materials and enthusiasm don't matter. The best to hope for is a possible licensing agreement. You might even approach their marketing department and see if you can be considered an approved marketing effort (unlikely).

Some car companies are even in the odd position of not owning the hard copies of their materials, but are in a contractual relationship that demands their assistance in the protection of copyright violations. You're small and just get swept with the same broom as those who want to make money using the branding created by other companies. Money and power.

jdistefa

Sorry to hear this Dave. I echo everyone here with my appreciation of your website and distaste for Porsche's tactics.

I'm sure there's a cadre of committed car guys in the company, but I suspect for every person passionate about their product there's another douchebag driving a desk that would be equally happy selling photocopiers.

I enjoy some of their cars, and am awed by their motorsport history, but I have no enthusiasm for the corporate entity.

Helios59

Sorry to hear about this.
I've had your site bookmarked for a long time and regularly return to it.
Thank you for all your hard work. However this turns out, you've given us enthusiasts a lot of pleasure.

997, esq

Not an IP specialist --- but agree that logo would appear to be classic fair use. Definitely chk with the Electronic Frontier Foundation, etc.

mdrums

I can understand the use of the Porsche Logo Crest and how Dave manipulated it with his own logo but I can not understand the the brouchsures unless they fall under copywrite law.
One of my music shop customers used the Jack Daniles Whickey black and white shape for a t-shirt that they gave away during a sale 1 year. They received a cease and disist letter with in 1 month. They following year they used the Harley Davidson sheild logo with the stores name in place of the Harley Davidson name and with in a few days Harely sent them a letter. Logo shapes can be trade marked.

However for Porsche to go after an individual like Dave to remove the brochures from his site is a pretty low blow.

CBnAT

How about you make your website password protected? You can have a PW request on the home page and you can ask how they heard of the site before giving out a PW.

MUSSBERGER

Considering he is not benefiting financially I would agree. Where else would you find these historic gems? They should be thankful that someone goes to the time and expense to share these with other enthusiast. Is he doing something that they are also doing? NO!

What about PCA? They have any influence?
Maybe reach out to Manny Alban.

alexb76

How did the logo look like anyways? I never got a chance to see if before it was removed.

Chris from Cali

Dave - There are some good suggestions here. I'd definitely investigate them before you shut down. Also, have you considered asking PCA to host your brochures?

I hope it all works out man - you and your site are a valuable resource for all of us.