Everyone,

Sorry for the delay in getting an update out...been busy trying to make sense of all that is going on.

TechTV interview - we did this Monday morning and had six other local MINI owners show up. Each was interviewed for his reaction to BMW's actions. We also provided some driving footage before they interview me with the TEAM MCO car. The TechTV interview will be aired Thursday August 14th at 8PM Eastern on their Tech Live show. You can find on Tech TV on premium cable and via satellite.

BrandWeek - I mentioned this last week after doing a phone interview with this industry magazine which reaches advertising and marketing execs around the country. The story ran as an article in an email which went out to approximately 10,000 subscribers.

Boulder Daily Camera - our local newspaper here in Boulder, Colorado. I did a phone interview with them yesterday and it is expected that a story on this will run in the Saturday edition. Hopefully, this will get picked up by the AP News wire.

Now...the information everyone has been waiting for....

We did receive a new letter from BMW's legal team. I'm not able to post its contents but I can saw that they attempted to provide some additional clarification on how they are classifying sites as enthusiast vs. commercial. I see this as a very positive step...if only they had taken the time to explain these classifications when they contacted me back in February so that time and money supporting legal counsel was wasted. That said, we are still reviewing their letter and will be following up with them this coming Friday. One concern that I have from their letter is that they indicate that enthusiast sites (eg - clubs) can not have links to commercial sites such as a MINI-focused vendor and be able to have MINI or MINI COOPER in their name. This is still confusing to me in that clubs do not typically have any form of financial benefit for doing so. As this is an ongoing issue I'll provide more updates as they become available.

Thanks again for everyone's support of the site and keeping the MINI community strong.

Best regards,

Mark



_________________
MINI COOPER Online.com

mferguson@northamericanmotoring.com :: Send me a PM

 

Seems like some movement on BMW's part.

You might try to argue that there is a difference in a service linking to a commercial site and only getting paid for hosting and/or click throughs versus sharing in the revenue/profit generated from the traffic.

You are providing a servise to the enthusiast MINI owner and being compensated for that service not selling "MINI" products.

 

thanks for the update and I look forward to watching the interview on thursday.

 

Mark,

I suggest you contact Bill Wheeler (SirWilliam) on http://www.tccoa.com

His main source of income is membership driven, and links to vendors with membership discounts is only available to paying members. Maybe this is one part of the solution?

Ben

 

:smile: :smile:

 

...if only they had taken the time to explain these classifications when they contacted me back in February so that time and money supporting legal counsel was wasted.

don't forget to ask for legal fees when you eventually settle up with them...

One concern that I have from their letter is that they indicate that enthusiast sites (eg - clubs) can not have links to commercial sites such as a MINI-focused vendor and be able to have MINI or MINI COOPER in their name.

What about a link to MCO.com or some such which is your mirror site that consists ebtirely of commercial links. Then, you are not linking MINICOOPERONLINE to a commercial site, but to another, non-MINI named site that links to commercial sites.

Just a thought

 

Keep up the good work, Mark, you have a lot on your plate. Hope decent progress continues to be made and a resolution comes soon.

Seeya all in about two weeks.

 

Mark:
There are two main reasons why BMW didn't come up with the current outline back in February:
1. Like all lawywers they open their mouth's without thinking through the problem first
2. A licensing litigator will always try to financially wear you down first instead of working with you to solve the problem.

Stick to it, we are all with you

 

Sounds like progress is being made. We are all very proud of you Mark, and I'm right behind you all the way.

Thank you in advance MINI-USA for finding a reasonable and sensible solution that will make everyone look good and allow the MINI community at large to be the special thing that it is. We love our MINI's and I will be very pleased when MINI-USA returns to its previous behavior of encouraging and supporting the enthusiast community.

 

>>Thank you in advance MINI-USA for finding a reasonable and sensible solution that will make everyone look good and allow the MINI community at large to be the special thing that it is. We love our MINI's and I will be very pleased when MINI-USA returns to its previous behavior of encouraging and supporting the enthusiast community.

This still remains to be seen. I can say though that the reaction of the members of the site that they took notice. Given this I encourage everyone to keep calling and making the voice of the community heard. We're not out of the woods yet...

Thanks

Mark

 

POWER TO THE PEOPLE!


HOOORAH!

 

:smile: Mark, thanks for the update. We have our VCR set to go.... :smile:

We are all behind you.........I know this has been a long, hard battle for you....and still a ways to go......but........hopefully the powers that be will see what a mistake they have made....

Chow!

Donna
donna@dcmetrominis.org

 

Mark reported ...
>> TechTV interview - we did this Monday morning and had six other local MINI owners show up. Each was interviewed for his reaction to BMW's actions. We also provided some driving footage before they interview me with the TEAM MCO car. The TechTV interview will be aired Thursday August 14th at 8PM Eastern on their Tech Live show. You can find on Tech TV on premium cable and via satellite.

For folks with DIRECTV satellite feed, TechTV is on Channel 354 at 8:00 PM EDT.

Tom

 

All my heart and support is for you Mark in your dealings with MINIUSA and BMWNA. I wish only the best for MCO and the future of your (OUR) web site.

 

ok, this is going to sound a little off base, but does the fact that sites like this cannot link to commercial sites mean that you could not link to Minuusa? Afterall, that is a commercial site!!

I could see this stipulation if there was monetary reward, but it is simply a service to the 'enthusiasts' visiting sites like these. After all, part of the attraction of a Mini is the fact that it can be customized and enhanced through the after market. One would think BMWUSA would encourage this as after all... the Mini does have to be purchased first before upgrades can be of any benefit.
JB

 

 

Mark,
Thank you for the update.
You are making progress.
We are behind you and support you !

You may count on one thing....
It doesn't matter how it ends, we will all still be here!
We love the MINI, we love discussing it, buying things for it, etc...
and we love this place you've made for us!

Thanks,
BJ

 

Sounds like the BMW Backlash has helped some... Let's keep on keeping on!.. heh heh... If someone can get the new TechTV clip (yahoo briefcase works pretty good) i'll be more than happy to post it up on my crappy website...

Rocketboy_X

 

Sounds like great news Mark. Best of luck with BMW.

If there's anything else you need, don't hesitate to ask.

~Chris

 

Hello Everyone,

Just thought you might like to read the letter I sent off to Mr. Purves, Mr. Pitney and Mr. McDowell this morning:

Dear Mr. Purves:

As a new customer to the BMW family, I am writing to you today to add my support to the members of the MINI family in expressing my dis-pleasure in the way that BMW N.A. and MINI USA have been handling the recent Trademark Infringement discussions that have been progressing between your legal counsel, and the owner of the web-service, MINICooperOnline (MCO).

I fully support an organization in protecting its brand identity and the value of its brand. I am an employee of American Express, and know a thing or two about protecting the value of the brand. Our “Blue Box” is a highly regarded image, and I know that our organization is very diligent when it comes to ensuring that the brand is properly protected. My employer ranked #15 in Business Week’s latest Top 100 brands, followed shortly thereafter by BMW in placement #20. Clearly, the BMW roundel and now the MINI logo carry significant brand awareness. While I am writing this as an individual, and under no circumstances do I speak on behalf of my employer, I am using that as an example.

In 2003, I became a member of the BMW family of customers, purchasing both a BMW K1200GT from Cherry Hill BMW and a MINI Cooper S from Otto’s MINI. Prior to that, I was a solid Audi household, having owned 2 A6’s over the past 5 years.

My buying experience, both during the initial research phase, and subsequently after taking delivery was highly influenced by the enthusiast sites that are dedicated to these individual vehicles (www.bmwmoa.org, http://www.mini2.com and https://www.northamericanmotoring.com). The breadth and depth of knowledge that is available on the public websites is far superior from what is available on your company-owned website (www.miniusa.com). The camaraderie, the enthusiasm and the sheer dedication to the MINI Cooper was one of the key factors that influenced me to purchase your vehicle. Now that I am a member of the BMW family, I use these sites extensively to network with other owners, to post and participate in MINI Rallies and to learn more about my vehicle.

While MCO is a commercial website, it’s sole purpose is the open exchange of ideas and events amongst your customers, and to provide an avenue to allow potential MINI owners to ask your customers about your vehicles. While the owner of the website, Mr. Mark Ferguson, does make a living from this website (selling advertising space), he is a single individual that fulfilled a void in your marketing and Customer Service departments, exceptionally well, I might add.

Those corporations that use your branding or your trademarks to produce after-market products for your MINIs should be dealt with appropriately, but they should also be allowed to prosper and thrive, while respecting the legal ownership of your brand. Allowing MCO to continue to be a powerful force in the marketing of your vehicles just makes good business sense for BMW North America. Allowing Mark Ferguson to make enough of a living by selling advertising space does not detract from the value of your brand, but enhances it should BMW support his initiatives.

You have over 9,000 customers right now that are very angry at your legal tactics. I personally have been a vocal proponent of your motorcycles and MINI, your dealerships and of the community that has been formed from grass-roots efforts like MCO. Until such time as an equitable resolution between BMW N.A. and MCO can be reached, whereby we may continue to engage in the free communication of ideas amongst owners, while you maintain the ability to protect your brand, I have stopped recommending your vehicles to the many strangers that ask me about my Cooper S or my K1200GT.

I do look forward to hearing of your resolution to this issue, so I may again to become another “free spokesperson” for BMW and MINI.

Thank you for your consideration.

Mark, you asked to keep up the pressure, I hope this helps!

Scott

 

Maybe I'm missing something, but how is this any different from what BMWNA said before? You still can't use mini in a domain name and link to commercial sites.

Are you saying that YOU don't have any financial benefit for linking to all those vendor sites? They aren't paying you for the ads and links? I view what MCO does with ads as being different from a club providing free links to vendors to help it's members get info. That said, I do think both types of vendor linking (paid ads and free) should be allowed.

James

 

Mark, Interesting their response. One comparison fails though in their clarification and which you noted. BMW CCA has links for all sorts of vendors and the like. As well as, most of their subsidary clubs have commercial links as well. This seems to fly in the face of their (BMW/MINI) own actions over the past 20 years.
Clubs and enthusiats sites are not free. They require both financial and commercial backing and BMW/Mini is well aware of this. Are they planning on filling the void financially if all these clubs drop their backers?
Looks to me like they've got a lot of moss on that slope they are standing on.

 

Hey they showed the MINI vs. BMW name on Tech Live already it was on at the 10:00 am PST showing!! I tried to record it but it was sooo short by the time i switched over to VCR i missed the whole thing already! hope theres a re-run at 5:00pst.

 

I don't know if this has been brought up (millions of posts on this topic already).

If MCO adds a "Classic" Forum and expands past the BMW MINI, they have less of a legal hold, right?

Since it would incorporate a MINI brand that BMW has no hold on (Rover and Austin might start something I guess) they have no standing.

Correct me if I'm wrong.

 

>>I don't know if this has been brought up (millions of posts on this topic already).
>>
>>If MCO adds a "Classic" Forum and expands past the BMW MINI, they have less of a legal hold, right?
>>
>>Since it would incorporate a MINI brand that BMW has no hold on (Rover and Austin might start something I guess) they have no standing.
>>
>>Correct me if I'm wrong. :smile: :smile: :smile: I am sure Mark and the legal team have received several good leads on how to tackle this problems by all of the MCO family. :smile: :smile: :smile:

Let's band together. Let's put on our thinking caps. Let no stone be unturned.
Let's win this fight! :smile: :smile: (Or at least reach a good compromise!)