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Old 10-18-2004, 12:22 PM
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944 Hooligan
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Default www.porscheonline.com domain 4-sale

as the subject states, i have a domain for sale:

www.porscheonline.com

i was planning on using the domain for personal use when i had my car. no longer have it, so no longer need it.

if anyone is interested, pm me an offer.

thanks!
Old 10-18-2004, 04:20 PM
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Nazz
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I'm pretty sure that's not a legal website. I'm surprised Porsche didn't send you a disclosure letter from their lawyer yet.
Old 10-18-2004, 05:56 PM
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944 Hooligan
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it has been up for over a year with no issues.

i am well aware of the nonsense that often follows porsche related domains, i have worked in the design/web industry for close to ten years.
Old 10-20-2004, 01:40 PM
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There is a letter that is sent from PCNA to anyone who registers and domain with the word "Porsche" in the domain. I have a partner that received one for registering PorscheHP.com. You must've slipped under the radar. Use of the name is a registered TM of PCNA.

Good luck.
Old 10-20-2004, 05:47 PM
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John D.
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Originally Posted by Nazz
I'm pretty sure that's not a legal website. ...
It's not. And the "owner", under IP law - including the TOS adopted by the Domain Registrars - mandate forfeiture without recourse and/or compensation to the registered domain owner(s). However, forfeiture doesn't preclude Porsche (either PAG and/or PCNA) to pursue litigation on other grounds as well...

Nazz is 100% correct...

John D.
Old 10-20-2004, 06:31 PM
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that's strange, i emailed porsche north america recently and they said nothing about legality or taking the site down. in fact, the email was extremely polite and helpful.

slipped under the radar? we'll see. like i said, the domain has been up for over a year without any problems, and i started contact with porsche.
Old 10-20-2004, 06:54 PM
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Well,

Don't shoot the "messenger" - but here you go:
Dr. Ing. h.c. F. Porsche AG and Porsche Cars North America, Inc. v. KMS & Co, Corp. d/b/a AskMySite.com and www.porscheauto.com and www.porschecentral.com

In January 2001 Fish & Richardson obtained a default judgment for Porsche for $227,602.15 in a dispute involving the use and registration of several domain names. Fish & Richardson brought an action on behalf of Porsche in the United States District Court for the Northern District of Georgia. The suit alleged federal trademark cyberpiracy, federal and state trademark dilution, trademark infringement, and unfair competition in violation of the Lanham Act, the Georgia Anti-Dilution Statute, the Georgia Uniform Deceptive Trade Practices Act, and the common law of the state of Georgia.

The defendants registered and and sought to register the domain names as service marks with the United States Patent and Trademark Office. The court awarded a default judgment in favor of Porsche for $100,000 in statutory damages for each domain name, plus attorney's fees, and ordered the domain names in question to be transferred to Porsche. Jana France, Of Counsel in the Twin Cities office, was lead counsel for Porsche. She was assisted by Twin Cities principal Mike Kane, Boston principal Kurt Glitzenstein, and Boston associate Charles Sanders.


Oh - should I mention that when I started this website back in 1998 - it was called "PorscheList" - and given the size of the site then, spent over four months negotiating with PCNA/PAG and the lawyers over a license to continue use of their trademark...

And - while you may have made it "under the radar gun" for now - it still doesn't negate the fact it's infringement....

Just an FYI...

John



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