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Old 06-24-2005, 01:12 AM   #1
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WRX Community threatened by the very company they promote over trademark...

http://www.iwsti.com/forums/showthre...8&page=1&pp=20

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Counsel to Fugi Jukogyo Kabushiki Kaisha t/a Fugi Heavy Industries Ltd. and Subaru of America provided us with a notice stating that our use of the Subaru, WRX, IMPREZA and STI marks infringes upon their intellectual property rights (copyright/trademark).

They have told us that "Such use is clearly designed to, and is likely to, confuse consumers into believing mistakenly that your company is authorized, licensed or approved by our clients to manufacture and sell such goods and use of our clients' IMPREZA, WRX and/or STI marks in connection with the sale of such goods. Additionally, such uses are likely to tarnish our clients' business reputations and to dilute the distinctive quality of our clients' famous IMPREZA, WRX and STi marks, all of which became famous long prior to when you commenced your diluting and tarnishing uses thereof."

"In addition, your registration of the domain name http://www.imprezawrxsti.com violates the Anticybersquatting Consumer Protection Act, Section 43(d) of the Lanham Act. The domain is confusingly similar to our clients' marks and was registered long after our clients' marks became famous and distinctive. We infer that you registered the domain name to benefit from our clients' fame and consumer recognition of our clients' mark. Remedies for your acts include not only a transfer of the domain name to our clients, but also the payment of statutory damages, which can reach $100,000, and a payment of our clients' costs and attorneys' fees."

"Accordingly, we hereby demand that you take the following steps to rectify this problem:

(1) You must immediately and permanently cease use of the WRX, SUBARU, IMPREZA and STi marks, logos, and lettering and/or any confusingly similar variation(s) and/or colorable imitation(s) thereof (including but not limited to "imprezawrxsti"), including in connection with the offering and/or provision of any services and/or the sale and/or offering for sale of any goods;

(2) You must also immediately cease and/or not commence use (as the case may be) of the Six-Star Cluster Design and any confusingly similar variation(s) and/or colorable imitation(s) thereof;

(3) You may not use any phrases that create the false and misleading impression that our clients currently approve of or stand behind your goods and/or services.

(4) You must cease use of the domain name http://www.imprezawrxsti.com and/or any confusingly similar variaton(s) and/or colorable imitation(s) thereof;"

In accordance with this letter, we will no longer be using the domain name http://www.imprezawrxsti.com or the name ImprezaWRXSTi.com. Any and all t-shirts or other merchandise will no longer be available for sale from cafepress and we would urge anyone that purchased such items to return them to cafepress for a full refund.

The new website address for the forums will be www.iwsti.com which we feel does not infringe upon Fuji Heavy Industries' intellectual property rights in any way. We certainly feel that if "nasioc, clubwrx, or i-club" are acceptable that there should be absolutely no problem with "iwsti."

The logo now clearly states that this forum is "An Unofficial Enthusiast Community" in an effort to clear up any "confusion" (of which there really was none) that we are in any way affiliated with Fuji Heavy Industries, Subaru, Subaru of America, or Subaru Technica International.

We will also be posting a large disclaimer on the top of every page stating once again that we are in no way affiliated with Fuji Heavy Industries, Subaru, Subaru of America (SOA), or Subaru Technica International (STi).

I would like to thank everyone in advance for their understanding and would ask you kindly to update your bookmarks / favorites to reflect the new domain name change.

Kevin will be posting soon regarding the IWSTI.com Challenge. The Challenge WILL continue, however we will need to have new apparel made and a date at which that will be possible is unknown at this time.

------ EDIT ------

As this post has grown quite a bit since yesterday I felt it would be necessary to re-post the contact information for Subaru as it is getting harder and harder to find in this big thread:

Subaru of America, Inc.
CEO, President: Kunio Ishigami
Subaru Plaza, 2235 Route 70 West
Cherry Hill, NJ 08002
U.S.A

Executives:

KUNIO ISHIGAMI
President, Chairman and Chief Executive Officer

FRED D. AD****
Executive Vice President, Sales


THOMAS J. DOLL
Executive Vice President, Chief Financial Officer

BILL CYPHERS
Vice President, Sales


RICK CROSSON
Vice President, Marketing



Fuji Heavy Industries Ltd.
President: Kyoji Takenaka
1-7-2 Nishishinjuku
Shinjuku-ku
Tokyo 160-8316
Japan

CORP COMM Contacts:
Mike Whelan
Subaru of America, Inc.
(856) 488-3326
mwhelan@subaru.com

Don Bearden
Subaru of America, Inc.
(856) 488-8644
dbearden@subaru.com

Dominick Infante
Product PR Manager
856-488-8615
dinfante@subaru.com

Lisa Fleming
Comm. Manager
856-488-509
lfleming@subaru.com
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Old 06-24-2005, 01:22 AM   #2
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I belong to a MoPar mailing list, in fact it is THE MoPar Mailing List.

Years ago when we decided to design a logo we got together with Chrysler, ran our ideas past them, they told us their concerns and we worked with them. Once we had a logo they didn;t have any issue with we got a letter okaying it from them. Years later when Mercedes bought them out we got a cease and desist order from DCX. It was nice rubbing the legal weenies nose's in their own letter.

They are picky about tradmark "co-mingling" and dilution of the brand. using three trademarked names in the URL is co-mingling and a possible dilution of the trademark. It's a legal BS thing and if the enthusiasts had talked to Bubaroo while setting this up I am sure it would have been a smooth deal. But they just did it first and now Bubaroo's legal weenies are involved.

Ask first because in the world of legal weenies it is NOT better to do first and ask forgiveness later.
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Old 06-24-2005, 02:56 AM   #3
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Wow, just wow. It's like if Ford emailed Brent tonight and said "Stop using the Mustang in Mustang evolution and take down everything with mustang written in it" or some ****
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Old 06-24-2005, 06:46 AM   #4
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In understanding trademark and intellectual property issues and the need to enforce them to prevent proliferation of infringents, I can't help but feel corporations are cutting their nose off to spite their face. These are internet clubs that do more to bolster young people sales than any stupid *** multi million dollar commercial on network television. After writing the threatening letter they should of ended by saying they were not trying to destroy the enthusiasm towards their prodiucts and would be willing to discuss what would be deemed appropriate to use.

There are right ways and wrong ways to tackle this problem or better put high road and low road and it seems Fuji decided to take the low road!!!!
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Old 06-24-2005, 07:20 AM   #5
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wow

just... wow
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Old 06-24-2005, 10:28 AM   #6
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wow...subaru own3d their customers...that sux hardcore
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Old 06-24-2005, 10:46 AM   #7
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Old 06-24-2005, 11:24 AM   #8
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Quote:
Originally Posted by Seph
Wow, just wow. It's like if Ford emailed Brent tonight and said "Stop using the Mustang in Mustang evolution and take down everything with mustang written in it" or some ****
Don't give them any ideas...as ford has gone after people in the past for things like this. So...Shhhh!!!
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Old 06-24-2005, 11:34 AM   #9
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I think the biggest problem was they were selling items on cafepress that had similar logo's and trademarks on them. I dont think the site name is what they care so much about as its the last thing mentioned in the letter.
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Old 06-24-2005, 01:15 PM   #10
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Don't give them any ideas...as ford has gone after people in the past for things like this. So...Shhhh!!!
I'd trade in my car if they tried that ****
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Old 06-24-2005, 04:37 PM   #11
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I'd probably no longer be a Ford customer if something like that happened here.
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Old 06-24-2005, 05:45 PM   #12
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I'd probably no longer be a Ford customer if something like that happened here.
werd, wait... nevermind, im not one to begin with
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Old 06-25-2005, 08:27 AM   #13
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nate you loser.

yeah our mods and admins over at fullsizebronco gave us a scare with a fake one of those once. we thought FSB was gone
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