[uzz32soarer]

Interesting email came through this morning from an Italian company who specialises in Internet name and copywrite protection. They claim to be acting on behalf of ferrari SpA and that my website contravenes every rule and the book and even the Geneva convention!

I'd be interested in some feedback from you guys, particularly those with some legal background.

Attached letter and also a pdf found on the web when I researched the company who sent the letter.

[uzz32soarer]

To me this appears that the company may be on permanent contract to Ferrari with a mandate to keep an eye out for all things Ferrari related on the web, and that this is a proforma letter sent out to anyone and everyone whom appears to be having some effect on the primary company.

Naturally it would be a point of contention, particularly if my domain name was Ferrari-Australia or something specifically using the Ferrari word in a stand alone format, but the claim to those 7 alphabetic letters to never be used is a bit steep.

A quick white pages check shows over 100 listings for surname Ferrari in Vic alone, and 23 businesses. Point 5 in the above letter suggests that it is a clear breach of Ferrari S.p.A. trademark rights to use the name Ferrari anywhere so these people and businesses need to clearly change their names quick smart.

Point 6 goes on to claim that prior authorisation is required from Ferrari to set up any type of discussion forum about their cars, and that I'm using their official media photographs which I've been very careful not to do. I love the next part though.

"We note that you ae infringing our client's copyrights, trademarks and also intentionally attempting to attract, FOR COMMERCIAL GAIN, etc etc"............yeah, I wish!

[Aria Condizionata]

i know they also have a local lawyer working for them in melb doing their intellectual property stuff.

apparently they're doing 'letters' now. you'll probably hear from them too. i know the committee's expecting it soon.

[AshSimmonds]

Ah finally!  It was like a year ago when I said they would be chasing you about this.  Pathetic.

Note they also say they will be seeking damages of €1,000.

[uzz32soarer]

I can always dump the site and set it up on another domain, I have some spares, but that's not the point. There is no financial gain, no use of the logo or brand name or font. Just pictures of blokes cars and my own information.

[AshSimmonds]

A quick white pages check shows over 100 listings for surname Ferrari in Vic alone, and 23 businesses. Point 5 in the above letter suggests that it is a clear breach of Ferrari S.p.A. trademark rights to use the name Ferrari anywhere so these people and businesses need to clearly change their names quick smart.

Read up on www.nissan.com - a lawsuit from the vehicle manufacturer over the domain from some guy with that surname.

Also, this just recently about Diana Ferrari shoes: http://aussieexotics.com/forum/ferrari/diana-ferrari-shoes-loses-trademark-battle-t2471.0.html

[Aria Condizionata]

I can always dump the site and set it up on another domain, I have some spares, but that's not the point. There is no financial gain, no use of the logo or brand name or font. Just pictures of blokes cars and my own information.

you have photos of ferraris with ferrariaustralia written over it. it's probably pretty obvious.

otherwise without that connection, it's hard to imagine they can just stop people using the name ferrari.

i have a feeling it's just about to hit the fan.

[uzz32soarer]

That's true Ash.

2 years last month since the site went up, and a year since there was some discussion about a 'letter'.

They probably won't like this then:

[Aria Condizionata]

otherwise without that connection, it's hard to imagine they can just stop people using the name ferrari.

ok...just read ash's post..maybe they can.

[Rat Boy]

This is infact right up my alley as I send these letters for a living at the moment...

It seems to be a fairly standard trademark notice (we send out probably a thousand of these things a day but the company has been going for about 40years, so looots of clients...). Although, the 1000 charge/fee thing isn't right. That should follow a letter from Ferrari themselves (or their lawyers).

I can ask at work tomorrow about it if you want. I've only been there 2 months now, so I don't yet know everything...

Hmm... We need to get Ferrari on as a client.
BTW -> http://www.cpaglobal.com/ Trademark Watching for anyone who is interested.