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being sued by bmw...again


gone002

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this mess started back in DEC. i got a 50 page letter from some high power lawyers in Washington DC. basically stating they were gona take me to the cleaners if i didn't do what the say. being humbled i did what i thought was all that they were asking....i was wrong. i guess they want my ass too cuz now they are threatening to ream me. i really dont make any money doing this. i do it out of love for the brand and to pay for my bmw habit. but corporate greed stinks no matter what the brand that behind it is!!...im not sure i can repost the letters here that they sent because its a on going case...but these fu#kers act like my 50$ a year profit is cutting into the massive corporate profits.....just had to vent!!

got bolts?....well i sell them...ask me how....

bimmerboltsandparts.com

75 2002

88 yamaha ysr50 (street)

88 yamaha ysr50 project

94 jeep yj

84 318i

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What for? I dont think I read why they are sueing you?

-Nathan
'76 2002 in Malaga (110k Original, 2nd Owner, sat for 20 years and now a toy)
'86 Chevy K20 (6.2 Turbo Diesel build) & '46 Chevy 2 Ton Dump Truck
'74 Suzuki TS185, '68 BSA A65 Lightning (garage find), '74 BMW R90S US Spec #2

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you must be doing something with bmw logo. i know of several shops/businesses that were closed by bmw. one place was making key fobs, and their biggest customer was a bmw dealer. no more. many years ago, there was a place gold plating the roundel. no more. a very popular vendor had to pull back all of it's clothing with bmw logos, i think they still have thousands, but cant sell them. copyright infringement. shop i used to work at got sued. the owner drove all over houston with the team of attorneys pointing out other shops that were displaying the marque, and other bmw associated phrases. the attorneys told him that yes, all those places were in violation, and they might come after them, too, but for now, it was HIS shop they were after. he had to take down all his bmw posters, his awning(bmw colors), his clock, his doormat(said ultimate driving machine), even his awards that he had gotten when he worked at the dealer. yup, them awards do NOT belong to the tech, and cannot be displayed without permission from bmw. he basically complied with what they wanted, and life went on. another shop i know very well actually fought them in court, and won. his logo had been on display for a long time, and it was like bmw waited too long. however, the judge told him in chambers that even tho he would win THIS case, bmw had deep pockets, and they would appeal, and keep appealing until he went broke defending himself. so, if they is after you, the cheapest way out is to comply

Ken Inn

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So you not making "50$ a year profit " off of their corporate property makes them the bad guy? Fine if you like their product, I assume we all do here. That does not give any of us the right to use copywrited/protected property. You must be doing something they noticed from all the way up at corporate HQ.

75 2002: weber, ANSA, lowered, 14" wheels, new engine, new suspension, rust free & square.

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I suppose it is a fine line, make an example out of people otherwise anyone (even BIG companies) can get away with it, otherwise pick on people and do like they are to you and others will hear about it and not follow.

Though, in my opinion you are providing free advertising for the company (putting their logo out there or whatever it is) while funding your passion for the marque and keeping your car on the road, further boosting the image of the company........so, they might not get the $50 profit you make, but they do get more interest in their cars.

Oh the joys of big money, kinda makes you hate BMW a bit eh, really, you are going to be a big D-bag (like a lot of the drivers of your new cars) and do that???

But, like the other guy said, Big pockets, just comply (sad to say)

73' 2002 "red"

66' 2 Door Cortina GT

http://mk1cortinasearch.blogspot.com/

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When the rear roundel went missing on my 2002, I mistakenly blamed neighborhood punks. Now I realize is was probably a BMW lawyer removing it from my car.

I guess the reverse snobbery is coming back- peeling all the logos and stickers from your vehicle. Problem is, with the new (brand of car that shall not be named)'s is that from a distance you can't tell 'em apart from a Honda or a new Ford.

Are other companies as agressive as our favorite company that shall not be named?

I'm suprised they didn't try to copywrite the year 2002 and make the world pay royalties to them.

Steve J

72 tii / 83 320is / 88 M3 / 08 MCS R55 / 12 MC R56

& too many bikes

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I guess Chevrolet should look into the BMW approach, the amount of non licensed Chevy stuff out there is staggering. Fortunately they took the other path reaping the free advertising windfall and it has worked fine for them.

Just too many lawyers period.

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this reminds me of the time i purchased a royalty free website from a reputable company about 2003. fast forward 8 years ago in the beginning of this year, i get a "you better pay up for the last 8 yrs" letter from getty images. apparently the indian programmer swiped the image from some guy and someone from getty IP figured it out (how is still an amazing mystery from me). it didn't matter that i bought it from the website who guaranteed the images being royalty free b/c it was more profitable to go after me. so after about 2months of harassment, the website finally got involved and sent them a letter. then they were off my back.

in my case, i was completely oblivious to this IP infringement based on the guarantee by the website seller. in your case, you are clearly using their trademark and brand image.

moral of the story and lesson learned is that if they own the brand and the mark, dont be so shocked you get served.

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this mess started back in DEC. i got a 50 page letter from some high power lawyers in Washington DC. basically stating they were gona take me to the cleaners if i didn't do what the say. being humbled i did what i thought was all that they were asking....i was wrong. i guess they want my ass too cuz now they are threatening to ream me. i really dont make any money doing this. i do it out of love for the brand and to pay for my bmw habit. but corporate greed stinks no matter what the brand that behind it is!!...im not sure i can repost the letters here that they sent because its a on going case...but these fu#kers act like my 50$ a year profit is cutting into the massive corporate profits.....just had to vent!!

We're all in suspense here, tell us what you did that they don't like.

1976 2002 Custom Dk Blue w/ Pearl

1975 2002A Sahara (sold Feb 2008)

SiteNamecopy.jpg

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The whole car manufacturer pulling rank on the little guys sounds like the VW experience some years back. Tons of small companies who used the VW logo in their company name, logo, merchandise, etc. all were forced to comply with VW's copyright laws. You don't see any more VW logo mudflaps anymore for Vintage VW's.

I'm wondering if a sub-par product with VW logo caused harm or otherwise to someone and VW was sued. It only takes a few bad apples to ruin the entire orchard.

Jim Gerock

 

Riviera 69 2002 built 5/30/69 "Oscar"

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you must be doing something with bmw logo. i know of several shops/businesses that were closed by bmw. one place was making key fobs, and their biggest customer was a bmw dealer. no more. many years ago, there was a place gold plating the roundel. no more. a very popular vendor had to pull back all of it's clothing with bmw logos, i think they still have thousands, but cant sell them. copyright infringement. shop i used to work at got sued. the owner drove all over houston with the team of attorneys pointing out other shops that were displaying the marque, and other bmw associated phrases. the attorneys told him that yes, all those places were in violation, and they might come after them, too, but for now, it was HIS shop they were after. he had to take down all his bmw posters, his awning(bmw colors), his clock, his doormat(said ultimate driving machine), even his awards that he had gotten when he worked at the dealer. yup, them awards do NOT belong to the tech, and cannot be displayed without permission from bmw. he basically complied with what they wanted, and life went on. another shop i know very well actually fought them in court, and won. his logo had been on display for a long time, and it was like bmw waited too long. however, the judge told him in chambers that even tho he would win THIS case, bmw had deep pockets, and they would appeal, and keep appealing until he went broke defending himself. so, if they is after you, the cheapest way out is to comply

got bolts?....well i sell them...ask me how....

bimmerboltsandparts.com

75 2002

88 yamaha ysr50 (street)

88 yamaha ysr50 project

94 jeep yj

84 318i

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being sued by bmw...again

what court were you sued in the 1st time and for what....is the current suit for the same causes of action...? you might have a defense of offensive collateral estoppel...i'd contact the atty that handled the 1st case for you

maybe i miss state the first letter was a 50 page cease and decist...i thought i had complied...this new letter brings out the big guns...they cant get juice from a rock...

got bolts?....well i sell them...ask me how....

bimmerboltsandparts.com

75 2002

88 yamaha ysr50 (street)

88 yamaha ysr50 project

94 jeep yj

84 318i

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