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

[francis newman (francis]

Hi Paul

You've still got a Scudetto on the site. They'll object to that - believe you 
me :-(

Best

Francis

On 6 Apr 2010, at 07:38, Paul Bennett wrote:

> 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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> 
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