914Club
Re: Trademark Rights of Dr. Ing. h.c. F. Porsche AG
Our Ref.: 11291-978001
Dear Sir or Madam:
It has come to our attention that you are using a likeness of the officially-licensed PORSCHE® Shopping Cart. We represent Porsche Cars North America, Inc., a wholly owned subsidiary of Dr. Ing. h.c. F. Porsche AG ("Porsche"). Porsche Cars North America, Inc. is the exclusive distributor of PORSCHE® automobiles in the United States and is charged with enforcement of Porsche's trademark rights in the United States. As you are likely aware, Porsche has used its PORSCHE® mark in the United States for decades in connection with its world-famous automobiles and related products. Furthermore, Porsche is the owner of numerous federal trademark registrations for the PORSCHE® mark. Examples of such registrations are enclosed for your reference.
Given Porsche's substantial investment of time, money, and effort in promoting its PORSCHE® mark, and the widespread recognition and acceptance of its products offered under the mark, it is likely that consumers would be confused as to the source of any products or services you were to offer in connection with the PORSCHE® Shopping Cart. In addition, it is likely that consumers would mistakenly believe that Porsche is affiliated with you or your organization, or has sponsored or endoresed your products or services. Therefore, your unauthorized use of the PORSCHE® Shopping Cart could constitute a violation of the federal Lanham Act, as well as applicable state unfair competition statutes.
Because it is possible that you were unaware of the significant liability you would incur if your use of the PORSCHE® Shopping Cart was found to be a violation of the Lanham Act, we wanted to bring this matter to your attention now, before any signifcant financial investments have been made in connection with the PORSCHE® Shopping Cart, in order to give you the opportunity to voluntarily discontinue any plans that you may have to use the PORSCHE® Shopping Cart. In addition, because Porsche would prefer to settle matters of this nature amicably without resorting to expensive, time consuming litigation, Porsche is willing to forego any claim if you agree to the terms set forth below, namely that you discontinue use of the PORSCHE® Shopping Cart.
However, if you do not agree to the terms set forth below, we will have no choice but to recommend that Porsche consider any and all available legal remedies in order to prevent these acts of infringement and preserve the considerable goodwill associated with Porsche's marks, including without limitation the initiation of a civil action asserting a claim for damages and an award of attorneys' fees. Therefore, if you wish to resolve this matter amicably, please sign and date the enclosed copy of this letter at the spaces provided and then return it to us within the next thirty days.
Sincerely,
Jana L. France
