BANNED BY BMW...MINISWAG Update Oct. 10.
Friends,
Having been contacted by lawyers representing BMW/NA and BMW AG, MINISWAG has officially joined the ranks of websites and vendors targeted by BMW for litigation.
I won't reprint their letter but their demands to cease using the word "mini" in my domain name and business name, as well as to cease selling what BMW views as "mutilated" versions of MINI trademarks on shirts and other items will surely eventually force the extinction of http://www.miniswag.com. Aparently our site may cause consumers to be confused into thinking that our products are affiliated or licensed by BMW.
I have never thought that anyone would be confused that our original and tasteful designs, fairly priced--I might add-- would be confused with the overpriced and often shlocky fare available from BMW .
My intention from the beginning of MINISWAG was to offer you fun and amusement to augment your happy ownership and admiration of the new MINI. We have never become profitable due to our spending on extensive inventory , selection and other costs associated in offering a quality product. Mostly we've kept offering our items at the request of our customers and most recently to continue to sponsor MCO with our small monthly advertising budget.
For me personally, it 's been fun and very interesting to have met and corresponded with many of you in the MINI/Mini community. That's why I've stuck with it.
We are of course persuing a compromise, but without the vast financial resources of the BMW gorilla we will surely not continue to exist in our present form.
While we pursue an amicable settlement with the gorilla we will continue to offer our remaining inventory and encourage you to order soon if there are items you would like.
Please visit http://www.miniswag.com and post your comments here. The flying "Smiler" is not long for this world.
_________________
http://www.miniswag.com - An MCO sponsor
Having been contacted by lawyers representing BMW/NA and BMW AG, MINISWAG has officially joined the ranks of websites and vendors targeted by BMW for litigation.
I won't reprint their letter but their demands to cease using the word "mini" in my domain name and business name, as well as to cease selling what BMW views as "mutilated" versions of MINI trademarks on shirts and other items will surely eventually force the extinction of http://www.miniswag.com. Aparently our site may cause consumers to be confused into thinking that our products are affiliated or licensed by BMW.
I have never thought that anyone would be confused that our original and tasteful designs, fairly priced--I might add-- would be confused with the overpriced and often shlocky fare available from BMW .
My intention from the beginning of MINISWAG was to offer you fun and amusement to augment your happy ownership and admiration of the new MINI. We have never become profitable due to our spending on extensive inventory , selection and other costs associated in offering a quality product. Mostly we've kept offering our items at the request of our customers and most recently to continue to sponsor MCO with our small monthly advertising budget.
For me personally, it 's been fun and very interesting to have met and corresponded with many of you in the MINI/Mini community. That's why I've stuck with it.
We are of course persuing a compromise, but without the vast financial resources of the BMW gorilla we will surely not continue to exist in our present form.
While we pursue an amicable settlement with the gorilla we will continue to offer our remaining inventory and encourage you to order soon if there are items you would like.
Please visit http://www.miniswag.com and post your comments here. The flying "Smiler" is not long for this world.
_________________
http://www.miniswag.com - An MCO sponsor
We have been given a deadline to basically go out of business by 9.24.03.
Meanwhile , we have a sizable inventory on hand as well as pre-paid plans to be part of the Ultimate MINI Challenge at Laguna Seca in October. Hmmm...
While we wait to here more from BMW attorneys we can only use that date for now.
We have asked for a more reasonable time period the 15 days to reach a settlement, but that what we have for now.
15 days.
Thanks for you continued support and good wishes.
Jeff
Meanwhile , we have a sizable inventory on hand as well as pre-paid plans to be part of the Ultimate MINI Challenge at Laguna Seca in October. Hmmm...
While we wait to here more from BMW attorneys we can only use that date for now.
We have asked for a more reasonable time period the 15 days to reach a settlement, but that what we have for now.
15 days.
Thanks for you continued support and good wishes.
Jeff
Well, still no reply from the BMW lawyers. We've asked them to clarify which products they object to as well as other matters. No reply. Until we get one we will continue on as is. http://www.miniswag.com
Thanks again for your kind emails and support.
Lot's of people have asked about the Devil Mini logo being available on a shirt or decal. If we get enough interest we'll make ( a modified) one.
Cheers and Motor On!
Thanks again for your kind emails and support.
Lot's of people have asked about the Devil Mini logo being available on a shirt or decal. If we get enough interest we'll make ( a modified) one.
Cheers and Motor On!
Okay,
Here's what they want over at Howrey (D.C. lawyers)
I am to stop "infringing" and change my company name, URL, and delete 98% of my items within 60 days. If I agree to that I am asked to sign a statement saying I will not use BMW trademarks, etc, etc. BMW agrees never to use my designs or anything similar. I guess that's the good news.
So If you ever wanted something like what we have. YOu can be assured you will never see a Union Jack Wings logo or USA Flag logo from MINI.
I'm not quite sure the point of the "agreement" as I don't like the idea of signing something stating something I wouldn't do anyway.
We have 3 weeks to respond, so we're talking it over here.
Here's what they want over at Howrey (D.C. lawyers)
I am to stop "infringing" and change my company name, URL, and delete 98% of my items within 60 days. If I agree to that I am asked to sign a statement saying I will not use BMW trademarks, etc, etc. BMW agrees never to use my designs or anything similar. I guess that's the good news.
So If you ever wanted something like what we have. YOu can be assured you will never see a Union Jack Wings logo or USA Flag logo from MINI.
I'm not quite sure the point of the "agreement" as I don't like the idea of signing something stating something I wouldn't do anyway.
We have 3 weeks to respond, so we're talking it over here.
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