German Car Zone

Zonda · 11-20-2006, 04:20 PM

www.dieselstation.com

The owner of the site recieved this message from Porsche:

Quote:

Laura Malone

03/15/2006 11:13 AM

To: diesel@dieselstation.com
Subject: Use of Porsche Photographs

Dear Sir or Madam:

It has been brought to our attention that you are displaying numerous photographs owned by Porsche Cars North America and Dr. Ing. h.c. F. Porsche AG (collectively, Porsche ), on the website you maintain at www.dieselstation.com for reproduction and distribution. As you are likely aware, Porsche is the owner of the copyrights in the photographs Porsche distributes including, all of the photographs contained on Porsche's website. The fact that you are not charging money and asking for donations is irrelevant to copyright infringement. Your unauthorized reproduction and distribution of Porsche's photographs is a clear violation of Porsche's exclusive rights under Section 106 of the U.S. Copyright Act and as such, constitutes copyright infringement under Section 501 of the Act. If a court were to find that your unauthorized reproduction and distribution of Porsche's photographs is a violation of Section 501 of the U.S. Copyright Act, Porsche is entitled to recover from you its actual damages as well as any profits that you have generated in connection with such infringing activities (i.e., paid advertisements on your website). Furthermore, the court may order the destruction of all copies that have been made in violation of Porsche's exclusive rights including all masters, tapes and other articles by which such copies may be reproduced.

In addition, you are displaying photographs of automobiles in the top quarter of your website and the photograph changes to a PORSCHE® 911® automobile. Such use of our trade dress is a violation of our trademark rights. The shape of the PORSCHE® 911® automobile is a federally registered trademark with the US Patent and Trademark Office. Furthermore, the law is well settled that Porsche has protectable trade dress rights in the distinctive shapes of its automobiles. Liquid Glass Enterprises, Inc., v. Dr. Ing. h.c.F. Porsche AG and Porsche Cars North America, Inc. 8 F.Supp. 2d 398 (D.N.J. 1998). In Liquid Glass, Judge Barry preliminarily enjoined Liquid Glass from using photographs of a PORSCHE 911 in its advertisements for car care products "because Liquid Glass wanted to usurp Porsche's reputation and strength and persuade consumers that Liquid Glass produces high quality products. Stated somewhat differently, Liquid Glass wanted to cash in on the good will that Porsche has worked hard to create and maintain by aligning itself with Porsche." Because it is possible that you were unaware of the significant liability you would incur as a result of your unauthorized reproduction and distribution of Porsche's photographs, Porsche is willing to forego any claim of damages if you provide us with written confirmation by April 15, 2006 that you have removed all of the Porsche photographs from your website (i.e., all photographs that originated from Porsche) and that you agree not to subsequently reproduce and/or distribute any photographs owned by Porsche without the express written permission of Porsche.

However, if we do not receive a response from you or if you are unwilling to comply with our requests, Porsche will pursue all available legal remedies, including an award of damages. Therefore, if you wish to settle this matter amicably, please provide us with your written assurance, that you have complied with our requests.

Sincerely,
Laura Malone
Trademark Paralegal

Why would Porsche even do something like this?

Giannis · 11-20-2006, 04:31 PM

now what's their problem? Do they have some plans to get some more money from pictures?

Zonda · 11-20-2006, 04:39 PM

There was some talk in the DS forum about publishing this mail where the Porsche pictures where supposed to be, would be awsome publicity for them!

Porsche makes enough money as it is, and whats wrong with letting other people see their cars? More fans and future potential buyers is never wrong!

Giannis · 11-20-2006, 04:45 PM

You are right on this one, too!
But some times you can't get in bussiness mind's

I don't have a single idea why a car maker would do such a thing....

Zonda · 11-20-2006, 04:46 PM

Me neither!

Osnabrueck · 11-20-2006, 05:44 PM

Sometimes companies don't own their own images. Often they're licensed and come with usage limitations. The distribution of high-res images poses a problem because a 1600x1200 desktop image could potentially be used in a publication.

Zonda · 11-20-2006, 05:46 PM

They said something about that in the forum as well. Sometimes it's the photographer as well who owns the image.

Here's the thread:
http://forums.dieselstation.com/inde...opic=19093&hl=

Centurion · 11-20-2006, 05:53 PM

Now that's a big slap in the face. W.TF, why are Porsche doing this?

The Artist · 11-20-2006, 05:59 PM

LOL good luck with that porsche

Bruce · 11-20-2006, 06:41 PM

That really sucks, what's to stop Porsche from going to every wallpaper site on the net and asking people to take them down.?.

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German Car Zone

Porsche Banning High-Res Image Distribution?