Ferrari Mailing List: Re: I'm being sued by Ferrari

[LarryT (l02turner]

Hi Paul -
Sorry to hear you are being targeted - they wrote <<by creating a
likelihood of confusion as to the source, sponsorship, affiliation, or 
endorsement of your web site by our client. >>

That's quite a stretch isn't it?

I seriously doubt they will drop it even you are are providing a free 
service.   IMO,  They're not interested in the profit involved - only the 
possibility someone will go to your site and think they're at THE Ferrari 
site. (Yeah right).

The law regarding copying VHS/DVDs contain similar language about "making a 
profit not being material to the charges of violating copyright protection."

I went through something similar with Porsche a few years back.  I wanted to 
publish  calendar featuring the cars owned by members of Rennlist (like 
Ferrari list for Porsche) and like a good boy I contacted Porsche to get 
permission - after all, I did not want to end up with a stack of calendars 
to use as paperweights.

They claim to own ALL images of Porsches (as Ferrari probably wants to do 
also) including those of cars owned for years by private citizens.  So if I 
take a photo of my 74 911 and it becomes the next pet rock, Porsche will 
want a piece of me.  At least the lawyers will get richer.

I suspect your best bet is to take the material off the website and not 
mention the web domain names..  see what happens.

Good luck -
LarryT

LarryT

OilAnalysis Time?
Looking for Weber Parts or Porsche Posters?
www.youroil.net



--------------------------------------------------
From: "Paul Bennett" <pbennett [at] macnet.com>
Sent: Friday, March 26, 2010 5:38 PM
To: "Larry Turner" <l02turner [at] comcast.net>
Cc: "The FerrariList" <ferrari [at] ferrarilist.com>
Subject: [Ferrari] I'm being sued by Ferrari

> In short, my domain names include FerrariWiring.com, FerrariDiagrams.com
> and I sell
> readable diagrams for 1970-1985 Ferraris. My 2 orders were from Belgium
> and Switzerland
> and I've gotten high praise from everyone. Last year I took in a
> whopping $800 for
> my efforts to benefit the community but obviously not enough to hire an
> attorney.
>
> "Furthermore, we have ascertained that you are actively using the
> above-captioned domain
> name by publishing on the home page, and on corresponding web pages,
> Ferrari S.p.A.’s
> trademarks, distinctive signs, including the Prancing Horse Scudetto,
> and Ferrari diagrams.
> Moreover, your web site also contains multiple copyrighted images of
> Ferrari automobiles or of
> Ferrari parts on the homepage and on the other web pages, which you
> intentionally use to attract,
> for commercial gain, Internet users to your web site by creating a
> likelihood of confusion as to the
> source, sponsorship, affiliation, or endorsement of your web site by our
> client. We also have
> ascertained that, on every diagram, the Ferrari name appears in the
> characteristic lettering, which
> is also protected as a trade mark. "
>
> They wish me to GIVE them my domain names and obviously, take down the
> sites. I wonder if I just gave away drawings, becoming 'not for
> commercial gain' if that is enough.
>
> I don't want to quit but am willing to give up any income derived. Right
> now I look for to your learned opinions. The full pdf is attached (which
> they will sue me for distributing as they retain copyright for the letter)
> p



> _________________________________________________________________
> To unsubscribe or modify your subscription options, please visit:
> http://lists.ferrarilist.com/mailman/options/ferrari/l02turner%40comcast.net
>
> Sponsored by BooyahMedia.com
> and F1 Headlines
> http://www.F1Headlines.com/