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Chuck House
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#16 Post by Chuck House » Thu May 08, 2008 2:07 am

Emil Wojcik wrote:It’s the existing laws that make companies like Porsche go after businesses that use their name. I’m not a lawyer, but I was COO of an advertising agency and had clients who were constantly going after others just like Porsche. Often, our agency got stuck in the middle. To over simplify it, if they knowingly allow their name, logo, emblem, etc. to be used by someone else they run the risk of loosing the right to that name, logo, etc. Yes there's more to it than that - like it could supposedly devalue the original product by linking it to a substandard product, etc. Some company’s legal departments take this more seriously than others. So some seem to ignore it while others, like Porsche, go to the extreme.
Emil, you hit the nail on the head. I have quite a bit of experience with Porsche, their lawyers and their trademarks having spent two full years negotiating the Registry's licensing agreement with Porsche AG with help from our own trademark attorney (no I'm not a lawyer). First, as Mark says, it is mainly a US thing (unfortunately due to our rather litigious society) and second, it's not PCNA driving it like people think, it is Porsche AG. In their words, their trademarks are their most valuable corporate asset. In US law, if they don't police and control their trademark's use, they risk a US court judgement where they may lose some or all of their rights. Therefore PCNA acts as the police but the Porsche AG lawyers in Germany keep them in that mode out of fear of US trademark courts. Of course, they also cringe when they see counterfit Porsche Design glasses, watches or mis-labeled shirts which shrink :D which are made in China or elsewhere being distributed. This drives them crazy as it has their logo on inferior quality products and is another reason for the policing. The end result is that due to the trademark policing, many well meaning people/businesses or even clubs may get caught up in the web. Based on US trademark law, they can't selectively enforce their trademark control so they have to universally enforce it and they come off looking bad sometimes. Anyway, I think it is good for people to understand Porsche's motivations in their trademark policing action. In some regards, they feel compelled to do it and they take no particular joy in it.
Chuck House
Southern California

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#17 Post by Guest » Fri May 09, 2008 9:51 am

counterfit Porsche Design glasses, watches or mis-labeled shirts which shrink which are made in China
Chuck I got me one of those T shirts it shank, went out of shape and went so thin I used it for rags...


Oh yes I got it from the Factory in Germany :shock:


My Copy one off Ebay is still as good as it was new, just alittle washed after 5 years.. So pays your money takes your choice.. I sometimes wounder if the parent company knows what they have is genuine or not.. This has happened with Ford in Europe so many Ford parts being made in Turkey and sold on the black market, they even have the Ford hollowgram!!!

I am currently having problems with Audi as I have a set of Audi Brake pads that have the most Terrible brake fade. I have found out from an insider that there are issues with some parts being copies even at Audi and they have had some brake pads issues

So I can see I am in for a battle with Audi as they are not going to be open about this are they.. I just want some pads that stop the car!!!!!!

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Deborah King
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#18 Post by Deborah King » Fri May 09, 2008 11:37 am

Mark Colin wrote:
I am currently having problems with Audi as I have a set of Audi Brake pads that have the most Terrible brake fade. I have found out from an insider that there are issues with some parts being copies even at Audi and they have had some brake pads issues

So I can see I am in for a battle with Audi as they are not going to be open about this are they.. I just want some pads that stop the car!!!!!!

Ah, ditch the factory pads--get aftermarket. They will probably work better and have less of that awful brake dust. I'm switching on my MINI as soon as they go off the warranty, and our 356 and BMW have long been off-market!
Deborah King

'64 SC Sunroof Coupe

Also, resident MINI Cooper lover :-)

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