LAWSUIT threat for owning nsx-targa.com

N

nsx_parts

Experienced Member
Joined
13 February 2003
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I bought a bunch of nsx related names and received a letter from Porsche's lawyers today.

They claim they will sue me for using the domain name nsx-targa.com for copyright infringement (Targa) if the name is used for auto-related commerce or hobby. Ouch!

Not that I care too much about the name (I also own nsxt.com), but you all should see the 10 page threat!

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Please visit http://www.nsxparts.com. The best place to buy and sell parts for your NSX.

[This message has been edited by nsxparts.com (edited 08 March 2003).]
 
Well, since the phrase "NSX Targa" is meaningless and has no basis in reality, it shouldn't be a big deal to let it go.

Porsche is just protecting their trademark and that's understandable.

-Jim
 
From the FAQ:

The NSX-T has a "targa" style roof, except Porsche owns the trademark on the word "targa" so Acura just calls it a "-T". The NSX-T has reinforcement in the cowl, A-pillar, rocker, and rear firewall. The NSX-T also has different suspension rates than the coupe. At low rates of wheel travel, T front rebound and compression rates are 7% softer. At higher rates, T rebound is 21% softer, compression is 32% softer. At high rates, T rebound is 15% softer, compression is 21% softer. Rear suspension varies similarly, while the T's (hollow) anti-roll bars are smaller and have less wall thickness Note: You can't order the T with the Coupe suspension. There are also three interior styling differences in the -T vs. the coupe: 1) A roof release on each side. 2) No middle sun visor 3) Interior light is behind instead of at the front of the ceiling

------------------
Please visit http://www.nsxparts.com. The best place to buy and sell parts for your NSX.
 
Let them know that "TARGA" in Italian translates to "metal panel" and it is often used to identify, in common language, the number plate. Obviuosly Porsche took the italian word (everywhere in the world, it is common to do this for fashion&trend purpose) to decribe the removable roof. Did the ypay something to somebody to buy this word? Heck no...

Would you like me to copyright the word "metal", "paper" or "water" for example and sue everybody using it?
wink.gif


Tell the lawyers to buy an italian-english dictonary and to shut up!
biggrin.gif
 
I don't get it...I mean I do get it but what the heck?? What about if you used the word "targaa," would that still be a problem?

I like gheba's opinion, it makes sense. How about if we copyright words like coupe, big red...wait....isn't Big Red copyrighted by the gum company?

Anyhow, it's all crazy
smile.gif


------------------
Richard
NSXTASY
 
Originally posted by gheba_nsx:
Let them know that "TARGA" in Italian translates to "metal panel" and it is often used to identify, in common language, the number plate. Obviuosly Porsche took the italian word (everywhere in the world, it is common to do this for fashion&trend purpose) to decribe the removable roof. Did the ypay something to somebody to buy this word? Heck no...

Would you like me to copyright the word "metal", "paper" or "water" for example and sue everybody using it?
wink.gif


Tell the lawyers to buy an italian-english dictonary and to shut up!
biggrin.gif
Click to expand...

I am 100% with you on this.
 
They may not be able to stop you from using the domain name. Although this area of the law is constantly changing, domain owners have been successful in situations where the use of a trademarked or copyrighted name does not cause any dilution of the inherent value of that trademark/copyright for its owner. An example of this would be a decision in favor of a reseller of beanie babies using the word "beanie" in the domain name. http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=02-1771.PDF

Some additional general info may be found here: http://www.chillingeffects.org/

Now for my own disclaimer: This information is provided merely for educational purposes and is not intended to cause or induce the reader to rely upon it or take any course of action. If you are serious about keeping and using the domain name, I would encourage you to consult with an intellectual property attorney in your area.

Bob


[This message has been edited by RSO 34 (edited 08 March 2003).]
 
Porsche and Ferrari have been very aggressive in this area. Thankfully Honda has not.. (yet)

[This message has been edited by Lud (edited 08 March 2003).]
 
Originally posted by Lud:
Porsche and Ferrari have been very aggressive in this area.
Click to expand...

If they don't like you using nsx-targa.com you could always change it to nsx-carrera.com or nsx-modena.com
biggrin.gif
 
Originally posted by Lud:
Porsche and Ferrari have been very aggressive in this area. Thankfully Honda has not.. (yet)

[This message has been edited by Lud (edited 08 March 2003).]
Click to expand...

They actually may have been. I am not an administrator but my understanding was the Honda Odyssey club had to rename the URL because it had Odyssey in the name. It is now www.odyclub.com

I am not sure if it was a request or a threat but the result was the same.

Maybe they have to be making money on a vehicle to be able to show damages?!?

wink.gif
 
An important part about trademarks is the context in which they are used.

If someone else tried to use "Odyssey" in context of a car or minivan there would be problems.

However, if someone came out with Odyssey Shaving Cream, it would likely be OK.

-Jim
 
This is absurd. Do a search on Google for "targa" -- none of the top results with targa in the domain name are even affiliated with Porsche. Why aren't they pursuing them? And how on earth are people going to confuse the NSX with a Porsche? Are they afraid that the NSX will steal sales from the Porsche because someone accidentally clicked on www.nsx-targa.com? I think the Porsche lawyers have way too much time on their hands...
 
Originally posted by Jimbo:
However, if someone came out with Odyssey Shaving Cream, it would likely be OK.
Click to expand...

They could even use the name for a car battery.
wink.gif


Originally posted by PHOEN$X:
And how on earth are people going to confuse the NSX with a Porsche?
Click to expand...

It's been known to happen - way too often, in fact.
 
It's been known to happen - way too often, in fact.
Click to expand...


I was driving through somewhere in Texas at about 3am, and stopped at a gas station in the middle of nowhere.

Attendant: "You better watch it around here- our Barney Fife policeman would just love to pull over a Ferrari"

Me: "Thanks- I'll keep that in mind"

smile.gif





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-mojo

'98 Kaiser Silver NSX
'97 Green Integra GSR
 
Porsche has been admittedly aggressive towards copy write infringement lately. I have a family member who is the editor of a Porsche club flyer in Texas. The club in question has been around for if I can remember (no quotes here)over 40 years so to their amazement they get a letter from Porsche saying their club insignia may be infringing on the Porsche copy writes (it incorporated Porsches crest). Porsche reviewed it and thankfully let it slide. It just goes to show how aggressive they are when they go after their own people and loyal followers.
 
Porsche's aggressive behaviour towards copyright could backfire on them. People will be too scared to even display their logo, which is free marketing for them. They could be targeting Porsche supporters.

...and that would leave a sour taste.
frown.gif



Oops, nik3sgte already said something similar.
<FONT SIZE=1>

[This message has been edited by NeoNSX (edited 10 March 2003).]
 
It's worth noting that trademark owners such as Porsche must protect their marks if they want to keep them. They are obliged to make an effort to protect their marks from falling into generic use. If a trademark falls into generic use, the original owner risks losing all rights to it. Google is in a similar situation. They are currently trying to keep their name from becoming a generic verb for "using a search engine".

That is why, for instance, that Xerox often runs ads gently reminding you that when you copy a document, you're not "Xeroxing", but rather you're "photocopying". Xerox does this to 1) prevent their company name from becoming a generic verb for photocopying and 2) to demonstrate they're proactively protecting their mark.

So when a corporation like Porsche sends out a nastygram, it's not that they are being unkind to their loyal customers. They invest heavily in branding, marketing, and developing their trademarks, and simply can't - or shouldn't - run the risk of letting their marks slip away.


------------------
Russ
'91 black/black

[This message has been edited by Russ (edited 10 March 2003).]
 
How about that story a while back when this guy, whose last name was Nissan had registered www.nissan.com before Nissan Motors got it. This guy used to sell computers on this website and then Nissan Motors wanted to buy the domain name from him. He didn't want to sell it and Nissan Motors sued him over it. Thus, when you go to www.nissan.com you see the outcome of the lawsuit.

[This message has been edited by Jim (edited 10 March 2003).]
 

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