VW Shut Down my Cafepress!

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D

DurocShark

Lifer
Apr 18, 2001
15,708
5
56
I had a couple CafePress images going with artwork similar to this one:

http://www.notcompensating.com/notcompbayredsample.jpeg

(I found the exact image. The orange one had not yet been put into place yet...)

VW apparently thought an artistic rendering of a 30 year old vehicle somehow infringed upon their trademarks.

I'm so ticked right now I can't see straight.

---------
UPDATE
I got this letter from CP today. It sounds like they're not happy either:

Thank you for using CafePress.com!



In accordance with our Intellectual Property Rights Policy, Gregory D. Phillips, on behalf of Volkswagen of America, Inc. provided us with a notice stating that your use of images bearing the distinctive shape of the Classic and New Volkswagen vehicles, the VW Emblem and/or other VW trademarks and trade dress infringes upon their intellectual property rights (trademark/copyright). Please click here for more information about intellectual property.



Accordingly, we have set the content that is alleged to infringe the rights of the third party to ?pending status? which disables said content from being displayed in your shop or purchased by the public. You may review the content set to pending status by logging into your CafePress.com account and clicking on the ?Media Basket? link. The content set to pending status will be highlighted red.



If you believe that you hold the rights to the content alleged to infringe the rights of the third party, we encourage you to contact the alleged rights holder directly for a resolution to this matter. Below please find the contact information for the party alleging infringement.



We realize that you are a dedicated fan and are expressing such through your art work, as only a true fan could. That being said, feel free to contact Volkswagen of America directly to voice your concerns about not being able to express you true love for the automobile. You are, after all, part of the fan base and, more importantly, part of the purchasing public and have assisted in creating greater sales of the automobiles, and have helped elevate the VW properties to their current cult status. Please find the contact information for Volkswagen of America and their representative below if you want to share your concerns.



Law offices of Howard, Phillips & Andersen

Gregory Phillips

560 East 200 South, Suite 300

Salt Lake City, UT 84102

801.366.7471

gdp@hpalaw.com



We apologize for any inconvenience that our actions may cause you. Please let us know if we can be of further assistance.

Sincerely,

Lindsay Estes
Content Usage Associate

(650) 655-3047 (O)
(650) 240-0260 (F)
 
D

DurocShark

Lifer
Apr 18, 2001
15,708
5
56
Originally posted by: tyler811
Are you sure it was VW and did they give you a reason?
Click to expand...

Yes, and no.

I was NOT informed by CP, but by other people who had VW related stuff up there. They got a response from CP that it was demanded by attorneys for VWoA.

Since I personally was not contacted, I've got a letter into CP asking what happened. Once they respond I'll contact VWoA. Their response will become public, trust me.

:|
 
franksta

franksta

Golden Member
Jun 6, 2001
1,967
6
81
It's unfortunate they feel the need to cling so tightly to their products that didn't suck.
 
nakedfrog

nakedfrog

No Lifer
Apr 3, 2001
63,075
19,398
136
You've been in the VW scene long enough to know that they're jerks about that kinda thing, right?
 
D

DurocShark

Lifer
Apr 18, 2001
15,708
5
56
Originally posted by: nakedfrog
You've been in the VW scene long enough to know that they're jerks about that kinda thing, right?
Click to expand...

Yeah, but I didn't use the VW logo, or the words "Volks" or "Volkswagen" on my stuff. So I thought I was safe. Sigh.
 
D

DurocShark

Lifer
Apr 18, 2001
15,708
5
56
I got a letter finally:

Thank you for using CafePress.com!



In accordance with our Intellectual Property Rights Policy, Gregory D. Phillips, on behalf of Volkswagen of America, Inc. provided us with a notice stating that your use of images bearing the distinctive shape of the Classic and New Volkswagen vehicles, the VW Emblem and/or other VW trademarks and trade dress infringes upon their intellectual property rights (trademark/copyright). Please click here for more information about intellectual property.



Accordingly, we have set the content that is alleged to infringe the rights of the third party to ?pending status? which disables said content from being displayed in your shop or purchased by the public. You may review the content set to pending status by logging into your CafePress.com account and clicking on the ?Media Basket? link. The content set to pending status will be highlighted red.



If you believe that you hold the rights to the content alleged to infringe the rights of the third party, we encourage you to contact the alleged rights holder directly for a resolution to this matter. Below please find the contact information for the party alleging infringement.



We realize that you are a dedicated fan and are expressing such through your art work, as only a true fan could. That being said, feel free to contact Volkswagen of America directly to voice your concerns about not being able to express you true love for the automobile. You are, after all, part of the fan base and, more importantly, part of the purchasing public and have assisted in creating greater sales of the automobiles, and have helped elevate the VW properties to their current cult status. Please find the contact information for Volkswagen of America and their representative below if you want to share your concerns.



Law offices of Howard, Phillips & Andersen

Gregory Phillips

560 East 200 South, Suite 300

Salt Lake City, UT 84102

801.366.7471

gdp@hpalaw.com



We apologize for any inconvenience that our actions may cause you. Please let us know if we can be of further assistance.

Sincerely,

Lindsay Estes
Content Usage Associate

(650) 655-3047 (O)
(650) 240-0260 (F)
 
Jeff7

Jeff7

Lifer
Jan 4, 2001
41,596
20
81
Soon it shall be as Futurama predicted:

"'Mom', 'Love', and 'Screen door' are trademarks of MomCorp."
 
Perknose

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,892
10,713
147
Think of the problems VW must have with bugmenot.
 
Perknose

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,892
10,713
147
. . . Or maybe they're just pissed because the PGA made them change the name of their Golf.
 
D

DurocShark

Lifer
Apr 18, 2001
15,708
5
56
Originally posted by: badmouse
Nice drawing. But it is distinctively a VW. Good luck.
Click to expand...

Sure, but don't you think there's a chance it would qualify as Fair Use : Social Commentary?
 
Dirigible

Dirigible

Diamond Member
Apr 26, 2006
5,961
32
91
Here's another case showing how IP laws can give IP asserters too much power, and stop activity that should not be stopped.

The image may or may not infringe IP. Just the fact that it *may* has caused CP to remove OP's stuff. Doesn't sound like the stuff'll go back up unless OP either gets VW to say ok (unlikely) or sues VW and gets a ruling saying it's ok (even more unlikely).

Thus, even if VW's trademark rights aren't infringed here, they've got the power to stop activity. And that sucks.

(Note that I'm not saying VW's TM aren't infringed here. Just that it's possible that they're not, and the possibility of innocence doesn't make a lick of difference.)
 
halik

halik

Lifer
Oct 10, 2000
25,696
1
81
i would love to see VW prove that a silouette of a minibus is somehow encompassed in their intellectual property
 
Perknose

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,892
10,713
147
Originally posted by: DurocShark
Originally posted by: badmouse
Nice drawing. But it is distinctively a VW. Good luck.
Click to expand...

Sure, but don't you think there's a chance it would qualify as Fair Use : Social Commentary?
Click to expand...
Reasonable, yeah, but corporate lawyers are like Pentagon planners, they keep finding threats that make themselves necessary.

Sucks, DurocShark, I liked your graphic. Had a couple of 2nd gen buses myself, including a pop top camper.
 
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