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

[Paul Bennett (pbennett]

I'm unsure of when you entered the fray.  Below your name on this page,
their (imtimidating demands) are spelled out .  I stripped my web pages of
all Ferrari content like scuderia symbols and car pictures and added to each
page "this domain has no affiliation with Ferrari SPA".  I wrote a conciliatory
email letter to the lawyer  and so far there's been no response from them. 

Now a drab but workable site -  it's http://www.FerrariWiring.com.
Oh yes, I've ignored their demands to give them my domain names.  I've
received kind gratis advice from a great lawyer which I (mostly) followed.
And now that the shock and heat have died down, I expect it to become
an footnote story for our progeny.
p


On 4/5/2010 10:55 PM, Robert W. Garven Jr. wrote:

what happened?

Robert W. Garven Jr.

rgarven [at] gmail.com

 "The Ferrari is a dream - people dream of owning this special vehicle and for most people it will remain a dream apart from for those lucky few". Enzo Ferrari

On Mar 26, 2010, at 2:38 PM, Paul Bennett wrote:

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
<2010-03-26 Cease & desist letter.pdf>_________________________________________________________________
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