Crown

Christian...have you some surprise for us?????

Ciao
Dario

true

Why not?

Great! Rennteam: always ahead of the game

isnt porsche gonna give u trouble for takin there name?

Quote:
isnt porsche gonna give u trouble for takin there name?

Nope. It would be however a problem if we would use www.porsche997turbo.com. (for anybody who gets strange ideas now about this URL: forget it, you'll get mail from Porsche's law department). As long as we're not a Porn site using 997turbo.com, we're staying out of trouble.
Take a look at www.911turbo.com .

ok...i will wait..

When is time to put down a deposit on a 997 Turbo......call me!!!
i'm waiting.....

Quote:
Originally posted by RC
Nope. It would be however a problem if we would use www.porsche997turbo.com. (for anybody who gets strange ideas now about this URL: forget it, you'll get mail from Porsche's law department). As long as we're not a Porn site using 997turbo.com, we're staying out of trouble.
Take a look at www.911turbo.com .

Testimony

Of

Gregory D. Phillips

Outside Trademark Counsel for

Porsche Cars North America, Inc.

Hearing on "Cybersquatting"

United States Senate

Committee on The Judiciary

July 22, 1999

Gregory D. Phillips

HOWARD, PHILLIPS & ANDERSEN


Introduction

Good afternoon, Mr. Chairman and distinguished members of this Committee. My name is Gregory D. Phillips. I am outside trademark counsel for Porsche Cars North America, Inc.

In my testimony, I will be focusing on the intolerable and unbearable problems faced by Porsche Cars and its consumers with cybersquatting, cyberpiracy, and cyberabuse. Porsche Cars' problems, however, are not unique, and are similar to problems faced by other famous trademark holders and their consumers. Porsche Cars is a member of the Private Sector Working Group on Trademarks and Domain Names. The Private Sector Working Group consists of a diverse group of leading companies and associations representing famous trademark holders from a broad cross section of the world's economy. Companies like Porsche, Bell Atlantic, AT&T, Disney, Viacom, Chanel, Warner Lambert, American Express, Ford, Microsoft, AOL, and many others. Our consumers rely on the Internet to find the genuine brands they are seeking and to communicate and engage in electronic commerce. The unprecedented formation of the Private Sector Working Group occurred because we cannot permit United States consumers, our clients, to continue to be subject to the fraud and confusion from the ever increasing problems caused by cyberpiracy.

Porsche and other members of the Private Sector Working Group are currently battling many thousands of infringement matters in which their famous trademarks have been misappropriated by pirates who seek to defraud the public in hopes of exploiting trademarks on the Internet.

Cyberpiracy damages brand equity, increases consumer fraud, causes customer confusion and is linked to other serious problems such as counterfeiting and pornography. Consumers of these companies are being confused and defrauded as they attempt to purchase genuine products from brand-name companies, or as they are diverted away to pornographic and other unrelated web sites.

Not only are consumers and society being harmed by consumer fraud and confusion resulting from cyberpiracy, but consumers and society are also being harmed because companies such as Porsche are being forced to devote a dramatically increasing share of their resources to battle cyberabuse. Companies such as Porsche are now spending more of their legal budgets on dealing with cyberabuse than all other legal expenses combined. Rather than devoting their resources to making better cars, perfume, or drugs that will benefit society, companies such as Porsche, Chanel, and Pfizer are needlessly wasting resources in fighting fraud, monitoring the Internet, and in litigation.

The Reason for Cyberpiracy

As the Internet has grown in commercial importance, the theft of Internet domain names diluting world famous trademarks such as Porsche(R) has increased dramatically. The Wall Street Journal recently described the reason for this phenomenon: With the rapid explosion of Web sites hawking everything from pornography to Bibles, competition for the attention of the world's estimated 147 million web users is fierce. Site creators spare no strategy to get noticed - and trading on famous names, which are queried relentlessly by Web surfers, is a key one. Wall Street Journal, "Net of Fame," p. 1, April 13, 1999.

Recently, the World Intellectual Property Organization ("WIPO"), an entity organized under the auspices of the United Nations to protect intellectual property, noted that "[f]amous and well-known marks have been the special subject of predatory and parasitical practices by a minority of domain name registrants acting in bad faith." WIPO Interim Report on the Internet, December 23, 1998, at p. iii .1 "These practices include the deliberate, bad faith registration as domain names of well-known and other trademarks in the hope of being able to sell the domain names to the owners of those marks, or simply to take unfair advantage of the reputation attached to those marks." Id. at p. 6 (emphasis added).

1WIPO's Final Report was recently issued and is available at . The WIPO Final Report's explication of the problems faced by famous trademark holders is virtually identical to that set forth in the WIPO Interim Report.

The trademark Porsche(R) is a perfect example of the types of trademarks that are misappropriated by cyberpirates. Because Porsche(R) is one of the most famous and unique trademarks in the world, countless registrants have included Porsche(R) in their Internet domain names. Attached hereto as Exhibit 1 is a partial list of the over 300 Internet domain names that have been registered without Porsche's permission or consent. As you can quickly see from the list, the sheer number of domain names misappropriating the trademark Porsche(R) is overwhelming.

Porsche has determined that registrants misappropriate Internet domain names that include Porsche(R) for a variety of purposes, including, but not limited to,

(1) to Use Such Names For Pornographic Sites. For example, the Internet domain name PORSCHECAR.COM is presently being used as a pornographic web site. The home page of this pornographic web site depicts a naked woman and a snake in the "Sex Zoo," advertises the infamous Pamela Anderson-Tommy Lee Honeymoon video, and also depicts a woman copulating with an ape. A copy of the home page of the web site is attached as Exhibit 2.

(2) to Extract Payment From Porsche. For example, the registrant of PORSCHESALES.COM recently offered to sell this domain name to Porsche for $25,000. The registrant of PORSCHECREDIT.COM and PORSCHECREDITCORP.COM recently called the President of Porsche Cars North America, Inc. and attempted to extort a substantial sum from Porsche for transferring the names to Porsche.

(3) to Offer The Domain Name For Sale to Third Parties. For example, several domain names using Porsche(R) were recently being sold by The Best Domains, an Australian company. The domain name 911PORSCHE.COM was being offered for sale for $60,911, the domain name 996PORSCHE.COM was being offered for sale for $15,500, and the domain name PORSCHEAUTOPARTS.COM was being offered for sale for $20,500. The Best Domains Web Site states:

What's in a Name? ASK COCA-COLA. A domain-name is your own Internet address. This address, [sic] should say it all. When advertising it should be catchy and easily recognizable like all your other advertising. There are 10,000 NEW addresses registered every day. When those addresses listed below are gone THEY'RE GONE it [sic] will be even harder. REMEMBER your Internet address IS a business asset and has value. All these addresses listed below WILL go up in value." Id. (emphasis in original).
A copy of the print out of this home page is attached hereto as Exhibit 3.

Some of the cyberpirates are so blatant that they actually register the name with a for sale sign in their domain name registration with Network Solutions. For example, the domain name PORSCH.COM, another hardcore pornographic site was registered under the fictitious name "Domain 4 sale & company." A copy of the Network Solutions Whois listing for the registrant of this domain name is attached as Exhibit 4. As discussed more fully below, the address listed for this registrant is fictitious. Also attached as Exhibit 5 is a copy of a domain name auction sheet that Porsche recently received offering for sale numerous Internet domain names involving famous and well known automobile companies, including Porsche.

Instances of cyberabuse are not limited to car companies. Recently, Porsche discovered that one Beswick Adams had registered the Internet domain name DRINGHCFPORSCHE.COM, the correct name of Porsche AG. In addition to this domain name, Mr. Adams had registered numerous other famous trademarks as domain names ranging from MCDONALDSRESTAURANT.COM to COCA-COLACORPORATION.COM. A partial list of Mr. Adams' Whois listing is attached hereto as Exhibit 6. The list is only partial because Network Solutions' Whois listing only lists the first 50 registered domain names for any particular registrant. Mr. Adams sells these domain names at WWW.BESWICKADAMS.COM where one can make an offer to purchase these Internet domain names. A copy of Mr. Adams' offer sheet is attached hereto as Exhibit 7.

(4) to Divert Traffic to The Registrant's Internet Web Site Selling Products Unrelated to Porsche Products by Capitalizing on Consumer Confusion. For example, the domain name PORSCHE-CARRERA.COM directs Internet traffic to the web page for Marv-Stev Sales & Promotions Inc. where Power Rangers, Beetleborgs, Tamagotchi, and Mystic Knights toys are being sold. A copy of the web site at PORSCHE-CARRERA.COM is attached hereto as Exhibit 8.

(5) to Divert Internet Traffic to Unauthorized Web Sites Selling Porsche Related Products. The domain name EVERYTHINGPORSCHE.COM, for example, diverts Internet users to an unauthorized web site that sells parts for Porsche automobiles. The operator of the web site is not an authorized Porsche Dealer and sells both genuine and non-genuine Porsche parts. The web site uses a counterfeit of the world famous Porsche Crest(R) in the wallpaper of the web site. The wallpaper is not visible from the printed hard copy. A copy of this web site is attached hereto as Exhibit 9.

(6) to Engage in Consumer Fraud, Including the Sale of Counterfeit Porsche Products. For example, the domain name BOXSTER.NET, another famous Porsche trademark, directs Internet users to a web site that advertises and sells shirts and coffee mugs that bear counterfeits of Porsche's trademarks and trade dress. A copy of this web site is attached hereto as Exhibit 10. This type of site associated with counterfeiting activities defrauds consumers, harms electronic commerce and deprives trademarks owners like Porsche of substantial revenues that should be associated with genuine goods and services.

The Need For Cyberabuse Legislation That Includes In Rem Jurisdictional Provisions

In many ways, Porsche feels like Sysyphus, the ancient King of Corinth, condemned to roll a heavy rock up a hill in Hades only to have it roll down again. Porsche will successfully halt the misappropriation of the trademark Porsche(R) in one situation, only to have several new misappropriations surface. Legislation that will deter cyberpirates is absolutely essential to lessen the intolerable and unnecessary burden on society caused by cyberabuse. Legislation that allows famous trademark holders to have an effective remedy is also essential. One necessary component of any effective legislation is an in rem jurisdictional provision where a trademark holder can file a lawsuit against the domain name itself, rather than the registrant.

Not surprisingly, cyberpirates and cybersquatters often provide false and fictitious information as to their identity when they register a new domain name diluting or infringing a famous trademark. Cyberpirates do so in order to insulate themselves from liability and to make it impossible for trademark holders to effect service of process. As WIPO recently recognized, such registration practices and the "absence of reliable and accurate contact details leads to a situation in which the intellectual property rights can be infringed with impunity on a highly visible public medium." WIPO Interim Report at 14-15.

As a result of the exponentially escalating problem of cyberpiracy, and the practice of false and fictitious registration of domain names, WIPO has concluded that :

existing mechanisms for resolving conflicts between trademark owners and domain name holders are often viewed as expensive, cumbersome and ineffective. The sheer number of instances precludes many trademark owners from filing multiple suits in one or more national courts.
Id. at 33.

Porsche's difficulties in locating cyberpirates is illustrative of how easy it is for cyberpirates to use the anonymity of the Internet to harm Porsche and insulate themselves from liability for their actions. With electronic registration of a domain name just a push of the button away, and with the registration process being completely automated, cyberpirates are able to register domain names with false and fictitious contact information making service of process on such cyberpirates impossible. The cyberpirate who registered PORSCHE.COM is a perfect example. In 1996, Porsche discovered that PORSCHE.COM and several similar domain names had been registered by Heinz Porsche Langeneckert Consulting of New York, a subsidiary of The Zone One Group Ltd. This corporate name was completely fictitious, and the mailing address and telephone number for this entity were also fictitious. Indeed, the mailing address was for some federal offices in New York City. Porsche was contacted by one Lee X. Chen who informed Porsche that he would transfer PORSCHE.COM to Porsche for a substantial payment plus an ongoing monthly payment of $2,400.

Porsche attempted to send several letters to Mr. Chen and/or Heinz Porsche Langeneckert Consulting of New York at the address on the Network Solutions, Inc. application. These letters were all returned. Porsche then filed suit against Mr. Chen, Heinz Porsche Langeneckert Consulting, and Network Solutions, Inc. in the United States District Court for the Eastern District of Virginia. Of course, Porsche was unable to serve Mr. Chen with legal process because the information that he had provided to Network Solutions, Inc. was false.

Finally, Porsche and another company whose trademark had been pirated by Mr. Chen, NUSKIN, located in Provo, Utah, hired a private investigator to locate Mr. Chen and these fictitious entities. Service of process was finally effected upon Mr. Chen's father. After Porsche had spent several thousand dollars in unsuccessfully locating Mr. Chen, the District Court finally determined that notice of the lawsuit sent to Mr. Chen's false address provided to Network Solutions, Inc., to Mr. Chen's E-mail address provided to Network Solutions, Inc., to the facsimile number provided to Network Solutions, Inc., and service of process on Mr. Chen's father was sufficient for the Court to enter both a preliminary and permanent injunction.

Other examples that Porsche has encountered further illustrate the problem. Some registrants create offshore corporations which then register the domain names. For example, several of the domain names using the trademark "PORSCHE" (e.g., "PORSCHE944.COM," "PORSCHE993.COM" "PORSCHE996.COM")2 were originally registered by a law firm in Seattle for an offshore company, Holler Enterprises, Inc., Apartado Postal 4818, San Pedro Sula, Honduras, and then sold to third-parties. Other registrants located in the United States have transferred their registrations to entities located in countries such as Iran (e.g., PORSCHEDEALERS.COM). 2944, 993, and 996 refer to specific Porsche model numbers.

The registrants of pornographic Web Sites (e.g., PORSCH.COM and PORSCHECAR.COM) use fictitious addresses (e.g., a non-existent suite number) to insulate the registrants from service of process. Several of the Domain Names used false or incorrect information when the Domain Names were registered with Network Solutions, Inc. including FORUMULAPORSCHE.COM, PORSCHEDIRECT.NET, PORSCHESALES.COM, PORSCHEMAIL.COM, PORSCHECARSALES.COM, PORSCHELYNN.COM, PORSCHE944.COM, and PORSCHEPHILES.ORG.

Porsche respectfully submits that the only effective way to deal with problems such as false and fictitious information is through legislation that makes the act of cybersquatting illegal, provides for statutory damages, and, importantly, recognizes the concept of in rem jurisdiction whereby Porsche can sue the Internet domain names themselves, rather than file suit against the registrants personally.

Porsche recently filed such an in rem lawsuit in the Eastern District of Virginia against 128 Internet domain names on the theory that Porsche is entitled to cancellation and forfeiture of domain names that dilute Porsche's world famous trademarks in violation of the Federal Trademark Dilution Act, 15 U.S.C. Paragraph 1125(c). By proceeding in rem, Porsche voluntarily limited itself to claims to the res itself, and agreed to forego any claims for damages and attorneys' fees against the cyberpirates who registered the domain names.

Unfortunately, the court dismissed Porsche's lawsuit because the court could find no specific in rem jurisdictional provision in the Lanham Act allowing such a lawsuit. Porsche Cars North America, Inc. et al. v. PORSCH.COM, --F.Supp.--, 1999 WL 378360 (E.D.Va. 1999). Although the court recognized the "dilemma" Porsche faced in battling cyberpiracy and acknowledged that "the mere act of registration [of unauthorized domain names] creates an immediate injury by preventing Porsche from utilizing those domain names itself in order to channel consumers to its own web site," the court in effect held that the Lanham Act would need to be amended by Congress to allow for such in rem jurisdiction. Porsche has appealed the ruling to the Fourth Circuit Court of Appeals.

Congress Must Provide World-Wide Leadership In Protecting Consumers From Cyberabuse

Some critics assert that Congress has no business enacting legislation to protect commerce on the Internet, a world-wide resource. Companies such as Porsche AG and Chanel, who have United States affiliates, employ thousands of United States Citizens, and whose largest market is the United States, but who do business throughout the world, are looking for the United States Congress to provide leadership in providing protection on the Internet. Moreover, the Internet was created in the United States by citizens of the United States. Network Solutions, Inc., the registrar of Internet domain names and the entity that maintains and controls the master computer that contains all Internet domain names is located in the United States. In a very real sense, the Internet is a United States resource over which the United States has jurisdiction.

United States consumers, United States companies and foreign companies doing business in the United States, and electronic commerce as a whole must be protected from malicious and willful acts of cyberpiracy that occur over this valuable world-wide resource. This problem demands that the United States Congress provide guidance and leadership in high tech, cutting edge, intellectual property matters throughout the world. As the Internet increases in commercial importance, the United States must ensure that commerce can be safely and appropriately be conducted on the Internet throughout the world.

Quote:
Testimony

Of

Gregory D. Phillips

Outside Trademark Counsel for

Porsche Cars North America, Inc.

Hearing on "Cybersquatting"

Thanks for posting it. I think it clearly shows the limits how far one can go regarding Porsche URL names.
It is their trademarkt and I fully agree that they have to fight against abuse.

they can't trademark a number (such as 997), and "turbo" is too general to be trademarked. So it's safe to register 997turbo

You can tradmark a number. The 911 originally would have been the 901, but Peugeot holds (or held) a trademark for three digit numbers with a 0(zero) as the middle digit.

Quote:
they can't trademark a number (such as 997), and "turbo" is too general to be trademarked. So it's safe to register 997turbo

Try to use 997turbo for a porn site and you'll get mail soon.